Legal Question in Wills and Trusts in Illinois

Insurance Policies for Funeral Expenses

My mother passed away this past week. The persons making the funeral arrangements subbmitted 3 insurance policies to cover the funeral costs. The problem is that the beneficiaries on the insurance policies were not notified as to what was happening. The persons doing the funeral arrangements state that they didn't have to notify them because it is in the will that the policies be used to pay toward all of her debts. Is this legal, or is it fraudulant that these people were not notified? My mother also owns a home, and I also am afraid that these same people may attept to mishandle the probate.


Asked on 5/19/07, 9:07 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Insurance Policies for Funeral Expenses

First of all, I'm sorry for your loss and the for the way that things are being handled, adding to your stress.

The insurance policies must be paid to the beneficiaries. The insurance company will not pay to a third party. Is is possible that the policies were payable to your mother's estate? If not, then the proceeds will go to the beneficiares.

As a child of the deceased, you have rights as an heir, and probably as a beneficiary (although this is determined by your mother's will since there is one in existence).

I would advise that you speak to a probate attorney to review the will and the unfortunate situation with which you have been presented. The consultation will be well-worth the time and expense to steer you in the right direction, or to represent your interests and that of the estate.

Good luck to you.

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Answered on 5/20/07, 2:21 pm


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