Legal Question in Wills and Trusts in Pennsylvania

Generally, life insurance policies with a designated beneficiary are not part of the estate and are not subject to claims of creditors of the estate. The beneficiaries would not have to give back those funds.

The executor files an inheritance tax return, and if the estate is insolvent, and if the return is accepted by the Pennsylvania Department of Revenue, Inheritance Tax Division, copies of the Notice of Assessment may be given to all creditors to show that there are no funds available to pay the debts of the estate.

However, the specific facts of this situation have to be fully evaluated, and cannot be answered based only on a description.

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.