walking on eggshells here.....

What is the name of your state? Mom in GA

Long story short...mom died, left a will, I am supposedly the "main" beneficiary" for reasons too lengthy to go into here.....
I don't have a copy of the will, but (ahem) SISTER does.... she THINKS I have a copy, however, which is my only leverage.....

Mom left an insurance policy...... I am either 100% beneficiary, or 50% beneficiary. Depending on which will my sister chooses to produce.... (the one partially benefitting her, or the one totally excluding her)

Is my sister supposed to "cash in" this policy, and use it to pay my mothers final medical bills???? As she claims?????

thanx

The executor of the estate should handle the medical bills and dole out insurance proceeds.

Your posting does not contain enough details to provide an accurate response.

The will can not determine your status as an insurance policy beneficiary--only the insurance company can tell you who the designated beneficiary of a policy is, and that is how the payment is going to be made--depending on how the beneficiary designation form was filled out, naming 1 or more beneficiaries.

Sister has no authority to cash in a policy unless she is named as the only beneficiary. Somehow I don't think she is telling you the complete truth and I know you are in a difficult position since you don't know all of the facts--but it sounds like this is something else she is trying to deceive you on so that she can stall for time and prevent you from getting your money as long as she can. Ask her to prove what she is saying by sending you the policy to look at or a copy of it, or at least ask her for the name and address of the insurance company and the policy number so you can contact the insurance company yourself to get the details. Of course she won't respond and you are going to continue posting more messages about your situation on this message board instead of getting your own attorney to confront this sister directly on your behalf to make her provide information and quit stalling--then everything would be over and do you really want that?

Thank you for your reply, however your last statement was totally uncalled for and completely UNNECESSARY!!

Like I said before-- she does not know that I DO NOT have a copy of my mothers' will. The one she and her family found while packing up my mothers apartment was the one my mother hid for me.

I KNOW What it SUPPOSEDLY says - according to my mother. IF I knew that were FACT- then I would do just that- hire a lawyer and go in there with my guns drawn.

HOWEVER-- What if my 91 year old mother, 86 when she made
this last will out, left off some small detail?? What if she left every thing in her will to me, but didn't realize she was supposed to do the same individually for the life insurance policies and CD's?? I don't know where any of these things are. I go in there acting all high and mighty, and my sister could simply claim they don't exist... THEN WHAT??

I post on this board to get more information so that I can have enough footing to do what I need to do. I am still posting for advice because I don't feel I have enough beneficial information to protect MYSELF in case there IS something my mother neglected to do. Sure- SHE MAY VERY well have left me everything in her will. BUT EVERYTHING was packed up 4 months before she died (by my sister and her family) What is left there for me to take, is by NO MEANS all that my mother had.... As the poster stated above, the will and insurance policies are 2 different things.

IN ADDITION.... that poster was actually the only one that ever said the EXECUTOR is supposed to handle the medical bills and dole out the insurance........ THAT was information I had not recieved earlier, and I DID state in another post that my mother told me she made ME her executor..........

Hope you understand my position and my fear. I've been there once when my daddy died. I even lost things that belonged to ME at that time because HE paid for them, and they were in his home, which, by the way, was where I also lived. I KNOW what my mothers' intentions were. I knew what my daddy's were, ALSO. I also know the rest of my "family" (for lack of a better word), and my parents INTENTIONS mean nothing when it comes to MONEY or posessions.

If you are not getting information from your sister, then why are you not seeking the services of an attorney who might succeed where you have not gotten results so far?

Because EVENTUALLY my sister will HAVE to probate the will.... settle my mothers estate....etc, etc, etc....... I can either be cool, and win in the end anyway, becasue my sister has NO other choice, or piss her off and lose whatever I MAY have been left by my mother.

You know , YOU are right.... my whole concern here is being missed. Maybe I would be better off seeking another alternitive to answers.

THankx

Because you don't completely understand how the probate system works, you don't realize what your options are. If you would at least file papers to be administrator of the estate, that would at least get things started. What if the statute of limitations for filing the will expires and sister still hasn't submitted the will--then filing for administrator is what you would have to do anyway. At least when probate starts she will be forced to produce the will or else have the estate divided up according to intestate law.

To Thumbelina58

This is a duplicate post to the one on 10/14. Please do not start a new thread asking basically the same questions that have already been answered. It is not fair to those who give their time to the board.

OH PLEASE!!! IF I WAS AS "EDUCATED" in thelaw as you are-- I would not have come here in the first place. This website is SUPPOSED to be a place where "laymen' such as my self can turn to for help!!!!!

PERSONALLY, I think the site should be renamed to EGO-ASSES. com

I've posted SEVERAL times, and, although I actually did get a few SINCERE replies, the MAJORITY of replies were basically to dog me out for simply coming to A website that was SUPPOSED to help ignorants like me!

You claim to be "experts" in the legal field, supposedly trying to help the "stupids" like myself.

While I MAY be ingnorant of the legal aspects of my situations, I HAVE A NURSING DEGREE..... I'm waiting for the day when you ask ME a professional question-- then I WILL TRULY USE MY EDUCATED KNOWLEDGE to make YOU feel like the same IDIOT you made me feel like!!!!!!!





WHAT? GOES AROUND, COMES AROUND, SMART ASS!!!!!!!