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Estate Questions

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Chellye

Junior Member
What is the name of your state? Florida

My husband's mother passed away 5/2005. She told us in her will, her property would go to her son (my husband) and the property could not be sold without the signatures of his two sisters. The property was purchased before her marriage to her second/current husband. The property is in her name only. Since her death, my husband has not spoken with his sisters. His oldest sister claim there was no will.

Out of nowhere a month ago, his oldest sister called saying she and her step-father were cleaning out paperwork and found 3 life insurance polices (one for each child). She needs all three children's signatures notarized before the policies can be given to the child to cash out or continue to pay on. This seems fishy at best. Considering that life insurance policies are individual not "family". She first told us that the policies were paid, now she is claiming they are still being paid on. Her story is changing which leads us to believe there is a will and she is trying to manipulate it.

The property has to go through probate, and since there was a homestead on the property at the time of death, her current husband has a life estate on the property until his death or he moves.

If the property goes through probate will this cover the insurance policies or just the property? Does anyone have any suggestions on how we can handle this professionally? I know it can be hard when dealing with family. :confused:What is the name of your state?
 


BelizeBreeze

Senior Member
Chellye said:
What is the name of your state? Florida

My husband's mother passed away 5/2005. She told us in her will, her property would go to her son (my husband) and the property could not be sold without the signatures of his two sisters. The property was purchased before her marriage to her second/current husband. The property is in her name only. Since her death, my husband has not spoken with his sisters. His oldest sister claim there was no will.

Out of nowhere a month ago, his oldest sister called saying she and her step-father were cleaning out paperwork and found 3 life insurance polices (one for each child). She needs all three children's signatures notarized before the policies can be given to the child to cash out or continue to pay on. This seems fishy at best. Considering that life insurance policies are individual not "family". She first told us that the policies were paid, now she is claiming they are still being paid on. Her story is changing which leads us to believe there is a will and she is trying to manipulate it.

The property has to go through probate, and since there was a homestead on the property at the time of death, her current husband has a life estate on the property until his death or he moves.

If the property goes through probate will this cover the insurance policies or just the property? Does anyone have any suggestions on how we can handle this professionally? I know it can be hard when dealing with family. :confused:What is the name of your state?
Insurance with beneficiary designation does NOT pass through probate. The proceeds are owned by the beneficiary.

Contact a probate attorney ...you'll need it.
 

BlondiePB

Senior Member
Her story is changing which leads us to believe there is a will and she is trying to manipulate it.
Wills are public record. Go to the courthouse where your MIL was domciled and check for a probate file. It will be titled "Estate of...(name of deceased). You can also check on your MIL's property via the deed. All an insurance company requires is an original death certificate to release the funds. Your husband is being bamboozled. As previously advised, see an attorney.
 

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