Legal Question in Wills and Trusts in Virginia
Need Answers
My father died abruptly and he had no will nor appointed anyone power of attorney,The only estate there was is an 89 pickup truck that isnt in the best of shape. After his burial was done and paid for by an origination that he was once a member of, I then found out he had a small amount insurance policy and I was appointed beneficiary. My questions are what are the steps I need to take to oversee his affairs are taken care of and will I be oblogated to pay his debts and since I'm beneficiary could his debtors come after the monies from the insurance or am I allowed to do as I please with it?
1 Answer from Attorneys
Re: Need Answers
You can apply to the local probate court where your father died to be appointed as the adminstrator of his small estate.
You will not be personally obligated to pay your deceased father's debts which would now belong to his estate.
Life insurance proceeds payable to a beneficiary normally pass directly to that named beneficiary outside of the probate process and would not be subject to creditor claims or attachment.
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