Legal Question in Wills and Trusts in Illinois

The policy of insurance will determine who is entitled to the insurance proceeds. If the policy is intended to cover funeral costs, then that's what it should cover. While the insurance company should be able to tell you, you should think about having an attorney review the policy to determine how proceeds are to be paid out what happens if the funeral costs less than the amount of the insurance proceeds payable. Probate courts generally don't get involved with life insurance policies because they are in fact contracts to pay a sum certain at a future date but depending on the kind of policy it was, who owned it (most likely mom) and what have you, it could be an estate asset. The problem may wind up being the cost of opening a probate case compared to the proceeds payable.