Legal Question in Wills and Trusts in Pennsylvania
My sister in-law tricked my husband into signing his rights to their mother's estate away to her. Afterwards, they each recieved a check for half of an insurance policy that they hadn't known about. She is insisting he give his half to her as part of the estate. Is it? or is it separate and he should keep his half?
1 Answer from Attorneys
Life insurance proceeds are covered by contract law - that means that if the policy names beneficiaries, the beneficiaries are entitled to the proceeds, and the proceeds are not part of the estate. If no beneficiaries are named, the proceeds are paid to and become part of the estate. The estate would be governed by Will provisions if there was one, or by intestate law if there was no will.
There should be an executor or administrator who is handling the estate administration. That person has to follow the law.
If your husband things that his rights have been compromised, he should consult with an estates lawyer.
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.