Legal Question in Wills and Trusts in Texas

My mother in law passed away this passed January 2010 and at the time of her funeral we didn't know she had a life insurance policy. I asked her younger son if he knew anything about it and he said no so my husband and I just assumed she didin't have one because my mother in law didn't like to discuss these kinds of things. My husband and I ended up taking out loans to pay for her funeral because nobody helped us with the cost. I went over to her house to pick up some stuff because my brother in law is still living in her house and happened to find a letter on the table from a life insurace policy. I called and they told me her policy was actually a pre-planned funeral but couldn't go into detail about it. Since we have already paid for the funeral they money that was in the policy goes to the beneficiary which is my brother in law. My question is, what can we do to get that money because we are the ones who paid for the funeral and had we known she had this policy we would of let them pay for it. I think my brother in law actually knew this policy existed but didn't want to make us aware of that. Or would we have to file a law suit against him?


Asked on 4/06/10, 9:10 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

You can file a claim for funeral expenses against the mother in law's estate. This is a high priority claim and should be paid ahead of most other claims. If the estate is not being probated or administered, you can file to be named the administrator or executor of the estate.

Unfortunately, insurance policies pass outside of probate. However, if mother in law had a house, and her husband is not living there, the house can be sold to pay her claims.

See a local lawyer who does probate work.

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Answered on 4/12/10, 5:30 am


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