Legal Question in Wills and Trusts in Virginia
Will vs Estate
My mother passed away recently. She had a will and named my father as the Executor and the beneficary in the event that she pre-deceased him. She left several life insurance policies. According to the issuer of the policies, my mother changed the beneficary designation from my father to ''the estate of...(mom's name)''. The life insurance company first informed me that my father was the beneficiary, then, they came back with the info. about the ''estate'' and wanted me to provide leters of administration appointing an executor, and now, they are telling me that I need to create an estate. My mother did not have an estate, just a will. Surely, my father had an insurable interest in my mother's life. Do I have to create an estate, and how do you create one for a deceased individual? Wouldn't an indemnification document suffice? I am really flabergasted!
1 Answer from Attorneys
Re: Will vs Estate
If your father was named as the executor of your mother's will, he should apply to the probate court to be appointed the executor of her estate which will then be opened. This will solve the problem as to the somewhat ambiguous beneficiary apparently referenced in your mother's policy and will enable the life insurance company to pay the death benefit proceeds to the newly-opened estate which your father as the executor will then be able to administer, accordingly.
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