probate,brother benef on one of many policies, can he keep it all?

[vanzandttx2]

What is the name of your state? Texas

My parents estate (they both died last year) is about to go to probate. My brother was going to be the executor and just dropped everything on me (He has a temper) because we were asking why it takes so long. Anyway, the only property is a house (paid for) and a few insurance policies. Mom was sick when dad died and didn't send in the change of benefic. on a few policies. One has my brother, 2 sisters and I as beneficiaries. One or two more have no benef since dad died. And the large one has only my dad and brother (there were only 2 spaces and they thought the will would divide it out to all of us). I recently found all of the change of benef. forms she signed but never sent in (she told me she had). Can he LEGALLY keep all of the procedes of that one insurance policy? He says he will split it, but he is being a jerk about it and I wouldn't put it past him to just keep it. He dumped this all on me by also saying there was no more money in the checking acct and all the utilities would be cut off in a week unless the rest of us came up with the money to keep them on. I don't understand all of this. We can get into the other policies only after the letter of testament is signed, is that correct? We need money to keep the estate going until we can sell the house. He said after the house is sold and all of it is over he will give us each a "gift" from that money. We are a very close family. I supose grief does strange things to people. I'm just trying to take care of the situation as my parents would want. Can someone give me some advice?????????????????

 

[BelizeBreeze]

The insurance policies do not pass through probate. So action on filing a claim should commence immediately.

As for the 'big' policy, send the insurance company a copy of the change of beneficiary form signed by mom and file a claim. Who is paid will depend on their internal policy however, if you file a claim based on the change of beneficiary policy at the minimum, the insurance company will cover their backs and probably not release the funds until the legal challenge is decided.

At this point however, and according to your post, 1/2 should be going to the brother and 1/2 to your father's estate. (and that answer depends on exactly HOW the beneficiaries are listed)

 

[eagle 1]

not much legal advice

i don't have a lot of legal advice for ya other than to say this kind of thing makes family ya thought ya knew flip out. do whats right and watch your back. take care hope everything gets sorted out.

 

[lwpat]

My suggestion would be for you to be named as executor of both estates. That will give you control over the property but be prepared for the explosions. Usually everyone else ends up being mad at the executor and they are the one that does all of the work and has to put up with all the greedy little buggers.

The insurance policies will be paid out according to the paperwork. If your Mother was to receive the money then it will be paid to the executor and go into her estate. You need an attorney and I suggest that you and your two sisters go in together for a consultation.

 

[vanzandttx2]

update on what brother did, is this right?

Thanks for the info. After reviewing the paperwork he gave me, I found out he cashed in the insurance policy for over 100,000 in december. My dad was beneficiary and my brother was listed if dad passed away before mom which is what happened. I never found the signed form she was going to mail in. My brother blew up and said "the matter will be dealt with after the house sells and probate is complete". We all are thinking he spent it and won't give us (3 sisters) our 1/4. Can we do anything to him if he never gives us our share he promised? Can we put a lein against his property or sue him? We all have copies of emails from the beginning when he said he would do the right thing and split it 4 ways. The sad thing is he hasn't paid her funeral expenses and there is NO insurance on the house at this time. He could have at least done that with 116,000! But he did buy a house, a BMW, a wedding and rent 900.00 rent on a loft apartment he used to have and wasn't even living there at the time! What should we do. We have a lawyer representing us for probate. But he is a friend of my brothers and wants to leave the insurance that will not go through probate for us all to deal with between all of us. My brother has told all of us to not contact him. So what should we do? I got the ball rolling on another policy that we all signed to be used for expenses. It is 10,000 and that should cover everything we need to do until the house sells. This is so crazy since we are a very close family!!! My mother had expressed to all of us that it would be split between the 4 of us and we are all shocked that he would do this. What are some suggestions on what we can do? Thanks for any info! Beth

 

[seniorjudge]

My mother had expressed to all of us that it would be split between the 4 of us and we are all shocked that he would do this.

But if she didn't change the beneficiaries before she died, then what she said makes no difference.

Hire a lawyer to look through this and see if y'all have a case.