Legal Question in Credit and Debt Law in Pennsylvania

I recently tried to file for bankrupcy with the help of legal aid and was denied. I have had my house forclosed. I just found out that I may have cancer and I was wondering that if I pass, will the creditors be able to take my life insurance money ( my children's inheritance) from them?


Asked on 8/24/11, 7:07 pm

2 Answers from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

So long as you children are listed as beneficiaries on your life insrance policy, your creditors canot touch that money. MAKE SURE that they are listed as beneficiaries, because if your estate is listed as the beneficiary, or no one is listed, the life insurance money would go to your estate and be subject to attachement by your creditors.

On the bankruptcy, did legal aid deny you? Was this before or after the possible cancer diagnosis. If you have, in fact, been diagnosed with cancer, they might reconsider.

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Answered on 8/24/11, 8:43 pm

I am curious - why were you denied by Legal Aid? Do you earn too much money? I agree with Attorney Solomon that you might try again because of the cancer diagnosis.

On the other hand, why bother filing? You lost your house. What else can they get, other than to sue you and get a judgment?

While I sincerely hope that you do not have cancer and are with us for many years to come, if you do, then paying your bills is the last thing I would worry about.

Your life insurance is safe from the claims of any creditors. Just make sure that your children, if they are adults, are named as the beneficiaries. If the children are minors, then you need to set up a testamentary trust in your will for them. It would be better for you to have this done by a local attorney; wills are not all that expensive. However, you can get a decent will online if you have a very simple estate plan. But setting up a testamentary trust is not simple. In the case of a testamentary trust, name the beneficiary as "John Smith, Trustee of the Trust for Children as created in my Last Will and Testament" or something like that - your insurer may be able to help with the specific language that they want.

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Answered on 8/25/11, 11:07 am


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