Legal Question in Elder Law in Massachusetts
I have been named executor of my friends estate and listed as next of kin because he has no family. I found an insurance policy with his mother named as beneficiary. She is also deceased. How do I proceed?
3 Answers from Attorneys
As Executor of the estate, you are responsible for collecting all assets of the estate. If there are no beneficiaries named in the policy, it becomes an asset of the estate. Its disposition then follows the disposition of other general assets of the estate.
You may consider hiring legal advice to assist you if you deem this prudent.
Assuming your friend has died, you need to determine if the mother pre-deceased your friend. If that is the case as a executor you need to collect the proceeds for the estate. You will need to obtain certified copies of the mother's death certificate and your friend. Then file a claim with the insurance company. You might want to verify the insurance policy is still in force before filing the claim, etc.
If you do not have an attorney assisting you, you might want to get one to at least review what you are doing.
I'm sorry to hear you have lost a friend.
If your mother predeceased your friend, then I would look to see whether your friend named a contingent beneficiary. If he did not, the funds would be paid to his estate, and you would be responsible for obtaining those funds and administering them appropriately for the estate.
As others have suggested, you will need to make sure that you are appointed executor by the court, and that you have a certified copies of both your friend's and his mother's death certificates.
If you would like some assistance in obtaining these insurance proceeds and/or in settling your friend's estate, please do not hesitate to contact my office.
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