Legal Question in Wills and Trusts in New Jersey
intestate
When a person dies intestate and owes money, is insurance subject to garnishment. There was a salary garnishment in place at the time of death.
Asked on 1/25/05, 12:56 pm
2 Answers from Attorneys
Ronald Cappuccio
Ronald J. Cappuccio, J.D., LL.M.(Tax)
Re: intestate
If the insurance policy names a specific beneficiary, other than the estate, the policy proceeds pass outside of the estate. Therefore, the creditor would not have a claim against the named beneficiary. If there is not a named beneficiary, or if the estate is named as a beneficiary, the creditor could have a claim against the policy proceeds in the estate.
My website contains other estate administration information: http://www.taxesq.com/
I hope this helps!
Answered on 1/25/05, 8:21 pm
Michael Carroll
Michael D. Carroll, L.L.C.
Re: intestate
Insurance passes outside the estate.
Answered on 1/25/05, 3:01 pm
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