Legal Question in Wills and Trusts in Michigan

Will, Life Insurance and Distribution of Residue

Hello. I have been appointed Executor of my father's estate, per the will. The issue is that my father named benefiacies were voided in 2000 due a a mistake on the selection form.

During the filing process after filing the Affdavit of Claims (which by the rights of succession) included myself (only natural child/executor), stepmother and grandmother as possible claimants. I was the only person to receive a claim form.

If the life insurance is paid to me, I plan on dividing claim between my stepmother and I 50/50.

My stepsister is named in the will to receive tangible property and distrubution of residue in a third. My question is do I have to divide the life insurance in a third? Usually life insurance is not part of the will. Also, what is the ''Distribution of Residue''? Does that include the life insurance. Finally, should I retain a attorney if my stepsister tries to sue me for her so-called ''third''?

Thanks in advance


Asked on 10/20/07, 11:52 pm

1 Answer from Attorneys
Christopher Sevick Law Office of Christopher Sevick, PLC

Re: Will, Life Insurance and Distribution of Residue

If I understand the question correctly you are indicating the life insurance proceeds will be distributed to other than who you believed your father wanted due to completion of a form in 2000?

If the insurance goes to a named individual, outside the estate, the estate does not have a claim. If it is in the will for any reason it may be in one of several sections for distribution and the residue may very well be where it "settles" in the will. You do need to make an appointment to speak to an attorney prior to the conflict with your stepmother to see how to best avoid/approach this. Make sure to bring in all the paperwork to have the attorney look at in that discussion.

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Answered on 10/21/07, 3:41 pm


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