Legal Question in Wills and Trusts in Ohio
My mother passed away and I was the only person in her will and on her money accounts. Have some medical bills being billed to her estate. What to know if the Life insurance policy would be considered part of her estate?
2 Answers from Attorneys
If the life insurance had a named beneficiary (someone other than her estate) then it would not be part of her probate estate.
Generally, life insurance proceeds are not a part of a decedent's estate if a beneficiary is named on the policy. The bills of the decedent are paid out of probate assets only and not life insurance payable to a beneficiary. In some cases, a beneficiary predeceases the insured, and there is not a contingent or secondary beneficiary named. In that case, the life insurance proceeds will become a probate asset and are subject to the creditors of the estate. If you would like additional information or further assistance, please contact my office at http://www.socrateslegal.com .