Legal Question in Wills and Trusts in Pennsylvania
in execution of a will, 3 insurance policies, 2 beneficiaries..For this purpose Ill call them dick and jane...Jane is sole beneficiary of 1 policy and the executor of the estate...The other 2 policies are joint beneficiary of dick and jane...Is there any legal order of which policy(s) gets used first for funeral expenses or is it totally up to the executor?
2 Answers from Attorneys
What kinds of policies are these? Assuming they are all life insurance policies, the answer is no. The beneficiary can use the proceeds however they wish. They can pay for the funeral or not.
May I suggest a pre-need funeral contract? Iam attorney, not an insurance broker and I don't sell these things. However, speak to your funeral home about the details. Generally there are two kinds: (1) you actually pay for your funeral in advance; or (2) you take out a specific insurance policy, issued through the funeral home where the funeral home, not your spouse, is the beneficiary and the proceeds of the polciy are used to pay for your funeral.
Estate is responsible for paying for funeral, insurance policy beneficiaries usually are not required to pay although they may volunteer to pay.
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