Legal Question in Wills and Trusts in Massachusetts

Re: executor of a deacesed sibling

If the insurance was paid to the estate, then the siblings if there is no Will would share equally. if there was a Will, then the Will dictates who gets what and absent undue influence. If the insurance policy names a person as the beneficiary that person is not obligated to share the proceeds with any one else.

More facts are needed to accurately know what your rights may or may not be.

Re: executor of a deacesed sibling

First of all, I am sorry for your loss.

Life insurance is payable to the named beneficiary and does not pass through the estate unless the estate is the named beneficiary or no beneficiary survived the decedent.

If there was a Will, it must be filed in the Probate Court within 90 days of death and is a public record which must be followed by the executor in distribution of the probate estate.

If there was no Will, someone must get appointed by the Court as Administrator, also public record, and must distibute any assets owned soley by the decedent according to the law of intestate (without a Testament or Will) Succession.

In the scenario you describe siblings would normally share and share alike.

Re: executor of a deacesed sibling

If you're talking about life insurance, whoever is designated as the beneficiary of the life insurance is who gets the money. Life insurance is not controlled by the executor of the estate.

Re: executor of a deacesed sibling

The life insurance proceeds need to be distributed to the persons named as beneficiaries on the policy. Usually the executor provides the insurer with a death certificate and (depending on the company's procedures) the company contacts the benficiaries directly or sends forms to the executor to be filled out and then provided to the beneficiaries for their signatures. The only reasons why the executor would directly have access to the life insurance proceeds are if the executor is a beneficiary of the policy or the proceeds are payable to the estate. Those proceeds are then distributed according to the terms of the will; or, if there is no will, according to the intestacy statute.

If you know what company has the policy, you can contact the company directly concerning the status of any claims. The company may ask for proof of your identify and/or a death certificate before information is released.

I am also not clear about how the executor was appointed without the knowledge of the remaining siblings. As a matter of law, there should have been notice given to you if the executor knew how to find you. You may want to go to the courthouse and pull the file to see what happened. If you have any questions, take copies of the documents in the file to a probate attorney for further review and advice.