Legal Question in Wills and Trusts in Pennsylvania

Executor of will will not release life insurance check unless I give him a title to a car I own. Life insurance policy was to me. Is this legal?


Asked on 5/09/11, 11:08 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

If you were the named beneficiary of the life insurance policy, you need to take this up with the insurance company. It should have issued the proceeds to you. If it did not know how to reach you, it may have communicated with the executor. But the executor does not have the right to hold on to an asset that should not have gone to the estate to begin with.

Find out why the executor is demanding title to the car. Had the deceased loaned you money to buy the car and there was some kind of writing confirming that? If so, the executor may be seeking repayment by you to the estate, if the will did not have a provision about loans by the deceased.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Read more
Answered on 5/10/11, 7:03 am

These are two completely different things. i have no idea why the executor is demanding title to the car. If the car is in your name, then the car is yours unless there was some kind of contract between you and the deceased whereby you were obligated to pay for the car and still own money.

With regard to life insurance, if the executor will not give you the check, contact the insurance company and get them to stop payment on the check and re-issue it to you.

Read more
Answered on 5/10/11, 8:16 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania