Legal Question in Wills and Trusts in Pennsylvania

my brother died recently, he named me beneficary on his company life insurance policy. i am his only heir, what do i need to do to settle his affairs


Asked on 2/01/11, 11:24 am

1 Answer from Attorneys

You ask two different questions. If you are beneficiary of the life insurance, then you need to fill out claim forms to get the money. In theory, you can do whatever you want with the money - its yours.

You ask about your brother's affairs. That is separate. First, did your brother have a will? If no, did he have a spouse? Any children? They are his heirs. If the answer is no, are his parents alive? If not, did he have any siblings besides you? If there is one other sibling, agree who is going to be the personal representative and arrange for probate if its necessary. The duties of a personal representative are to find out what the deceased person owned, what he owed, to pay any bills and distribute what is left to the heirs named in a will or, if there is no will, then to the heirs under the intestacy statutes of the state where the deceased person lived at the time of his death.

I assume that your brother lived in PA. If that is the case, go to the Orphans' Court in whatever county your brother resided in prior to his death and see if you can get any necessary forms or other information regarding the probate of an estate. You may also need an attorney if the estate is complicated. PA also has a more rigorous procedure and an attorney will be helpful to you. The cost is ultimately born by the estate.

If your brother lived out of state, they call the probate court by different names. In that case, definitely seek out legal counsel in that state as it may be difficult for you to probate the estate from a distance.

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Answered on 2/02/11, 8:43 am


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