Legal Question in Wills and Trusts in Oregon
Life Insurance Benifits
My aunt just passed away and my father is the executor of her estate. The named beneficiary to the life insurance is the aunts daughter. The daughter is not wanting to pay for any of the Aunts medical bills or funeral cost and placing it in my dads hands. Can he fight for the money of the life insurance to help pay for the medical bills the past year and funeral cost? Can he also send her a bill for his fees of taking care of her and her assets while she was incapacitated?
1 Answer from Attorneys
Re: Life Insurance Benifits
Life insurance benefits do not become part of the "probate" estate unless the person's estate is named as the beneficiary.
Your father (the executor) cannot require that the daughter return any of the life insurance proceeds, nor can he make her use those funds to pay for your aunt's final medical bills or funeral.
If there are other assets (real property, bank accounts, etc.), those assets can be used to pay for the final expenses and for paying your father for assisting her during her incapacity.
Your father should consult an attorney about his duties and rights as his sister's executor. Our office regularly assists executors in handling probates across the state of Oregon.
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