does life insurance proceeds pass through probate?
95707
Not if they are payable to a particular beneficiary, only if they are payable to the deceased's estate.
810842
To see that ALL of the will's directions are followed. You will also have to dispose(sell)  or distribute any worldy goods of the departed one. Also, you will need to see that all the bills of the departed one are paid. The money comes from liquidating assets of the departed one.  You need to take the will to probate and they will direct you in the legal matters.  In our state you can claim 2.5% of all assets for the duties you have performed. This is optional.  I was executrix of my fathers will and did not take the 2.5%. I just divided everything equally amongst me and my siblings after paying dad's bills (including the funeral). Your state might have slightly different laws so check with probate.  I am in Georgia.     m
570819
That would depend on the policy you have and that may vary by company. I work for a large insurance company, and our policy pays for funeral expenses. I think that is what all policies are required to pay for. This is not really a deathe benefit, but it will cover the cost of the funeral up to your policy limits. Therefore, no beneficiary is named since the insurance company would deal directly with the funeral home that the family chooses to handle the funeral.
947110
Two ways - the will of the deceased party will usually specify who is the executor - aka, administrator.  If the will does not specify it, or if there is no will, you have to file through probate court to have someone appointed executor - aka, administrator.  \n\nWhy doesn't the Allstate policy have your mother's name on it?  The policy only covers the named party up to their interest in the policy - so if the property is TITLED to her name, and the insurance is "fred smith", then if the house burns to the ground, Allstate has NO obligation to pay, as Fred's name isn't on the title.   The policy SHOULD be written "The Estate of Mary Gray" or whatever.  Go to your Allstate agent, ask them to fix the name, RETROACTIVELY, so they can send a copy to the mortgage company.  \n\nYou could also add The Estate of Mary Gray as an additional insured party, but it's not the best way to do it.  \n\nIs someone living in the house right now, or is it vacant?  If it's on a homeowners policy, you're going to have a problem - as the titled owner is CLEARLY not living in the house. You're probably going to have to move it to a rental policy, or vacant house policy - which will cost more, but still be cheaper.  \n\nYou really need to sit down with your agent and get this straightened out.  If the place burns tomorrow, there won't be anything to sell.
945803
DO-IT-YOURSELF WILL KIT\n\nWithout a Will, the COURT will decide the outcome of your estate and determine the guardianship of any minor children. You may leave loved ones with problems and headaches that will need to be resolved in probate court.\n\n:> peace
87458
you need to find out in what court the will is being probated - which would likely be either in the county where your grandmother died or the county where the exectuor lives. depending on whether the executor is cooperative or not, you could find out information about will and life insurance beneficiaries from this person.
1020331
probate happens when someone dies with or without a will.  the court basically intervenes upon one's passing and distributes the deceased person's estate accordingly.  if there's a will, then it will go to the heirs (after creditors, "death taxes" and court fees are paid).  if there is no will, then the court will determine who the rightful heirs are.  if no heirs exist, then the state gets the $.  if someone protests (like in the case of anna nicole smith) then the process could be delayed.  usually, the simplest probate can be 6 mos long.  complicated ones could last 30 mos or more.
218688
If there are children then yes, each parent should have a seperate will. Everyone has assets, and what to do with them needs to be specifically documented to avoid probate.
172445
Usually not. As long as all the rules are followed correctly and you don't take the funds out or do some kind of prohibited transaction. Have your lawyer or CPA review th plan with you to make sure it all goes the right way.\n\nsorry for your loss.
638779
Pay on Death - it will pay to your beneficiary.
678479
Probate...if there is not will the case will have to be taken care of in probate court
349759
You may need to contact an attorney to assist you get more information from the insurance company. You may be able to collect, but only through satisfaction of the deceased or beneficiary(ies) wills or local intestacy law. If the money have been paid by the Insurance Company to the State "Unclaimed Property" fund, the rightful person(s) may petition the state for the release of the fund.
179046
It depends on the type of policy and the terms and conditions of the policy.  I assume this is a life insurance policy and it would depend on 1) the term of the policy...has it expired and 2) any equity that was built up over the years in the policy.\n\nCheck with the company that issued it
872985
Normally, the person making the payments "owns" the policy. The exact loop hole can differ and thus whether or not your sister can be prosecuted for not declaring.\nFew insurance companies will bother to assist unless you have a policy #. This is for everyone's privacy.\nAlthough it is not mandatory, most attorney's drawing up a will keep a copy of it.\nFinally, if the sum is substantial, probate or not, an attorney can "force" your sister to turn over the will or show proof of her power to be the executor of your mother's estate. \nMany attorneys will give you a 1/2 appt. to help you determine if you have a case or not.\nGod's peace in your mourning.
391846
not usually. i know that a trustee of an estate get's paid. try probatelaw.com    good luck! whomever has the DPA can take money out, but they are not supposed to. it is supposed to be a fiduicary relationship. if you lose your DPA, the court will appoint one.
745684
The proceeds from a life insurance policy are not taxed.
49594
I doubt you will find a pro bono attorney for a probate matter, although you can start by calling your local legal aid society.\n\nProbate attorneys are typically paid out of the assets of the estate at or near the end of the case, so you shouldn't have to worry about paying them out of pocket as the case moves along.  Probate fees are usually set by state law rather than on an hourly basis, meaning you should be able to know up front whta the finally total will be for attorney fees.