Legal Question in Wills and Trusts in Florida

life insurance policy and probate

an old ins policy of my father in law

named as beneficiary''the trust of a probated will'' he set up a will and revocable living trust recently. Is it

required to probate the trust to ge the ins payout?


Asked on 2/27/07, 3:37 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: life insurance policy and probate

Ask teh life ins. company. They will probably require the probate. Good luck.

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Answered on 2/27/07, 3:51 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: life insurance policy and probate

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If this was truly an old insurance policy I doubt that it named as beneficiary "the trust of a probated will". It seems likely you have misread the policy. I would not be surprised if the beneficiary was the estate, however.

Without reading the actual document, it is hard to provide any valid opinion on this question. I would suggest that you query the insurance company and see what they require. If that does not resolve your question, you should consult a qualified probate attorney.

Scott R. Jay, Esq.

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Answered on 2/27/07, 7:31 pm


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