will

[Racerx60]

What is the name of your state? Florida

Hi,
I am named in a will, but the original executor has passed on doing the job, to my father, under strange circumstances.
He is untrust worthy, atleast always has been.
I was told i had an insurance policy in my name, but all ofa sudden, he told me the estate is the beneficiary?.
Also, i am named as the reciever of 2,500, and i was told the estate has to close before i would recieve any money, is this true?.
Does any claims against the estate have to be settled before i recieve my money?.
Is it posssible to change the name of a beneficiaryy of a policy?.
Should i seek a lawyer to protect my interest?.
It's a shame i have to check up on my father, but believe me, its from years of experience.
Thank you.

 

[Dandy Don]

Why has the original executor decided not to continue with this estate?

Are you related to the person who died? If so, how are you related?

What you were told about having an insurance policy in your name and then the estate being beneficiary may be true or not true--it is possible that your father may have been told or just using his memory that you were the beneficiary, and then when he actually saw the policy or contacted the insurance company, it is possible that after he actually saw the policy or talked with someone at the insurance company, it is possible that the decedent may have named his/her estate as the beneficiary. You need to ask father to prove what he is saying by showing you the policy.

Estate does not necessarily have to close before you receive your money, but that is what happens in normal procedure--they have to get debts, taxes, and funeral expenses paid before they distribute to heirs.

What do you mean by "claims against the estate" having to be settled--are you talking about debts or something else?

It would be very difficult for your father or the other executor to change the name of a beneficiary of a policy--only the person who purchased the policy can change the beneficiary and it must be done in writing.

At this time it does not appear that you need an attorney to protect your interests--all you need to do is sit back and wait to receive your check. It will probably take a few months for the estate to be settled.

DANDY DON IN OKLAHOMA ([email protected])

 

[Racerx60]

Hi Don,
Thank's for answering.

"Why has the original executor decided not to continue with this estate?"

I don't know, its strange. I know my dad, and i think he might have pressured her. Proving it is another thing. I have tried to contact her. Apparently her phone# isn't listed. It should be on the will?.

" Are you related to the person who died? If so, how are you related?"
Yes, she was my great aunt.

" What do you mean by "claims against the estate" having to be settled--are you talking about debts or something else?'

She had 2 surgery's just before she died. She had VERY good insurance, but i am unsure how much the insurance will cover.
Dosn't the estate have to remain open for 60 days to cover any possible claims against it?.
I am unaware of any debts.
I will take your advice, and go see the policy. I also can read the will, and see if her ( the original executor) phone# or address is on it. Thank you for your help!.

 

[Racerx60]

Hi,

I have another question.
Can the executor, and the probate officer be the same?.

Thank you.

 

[Dandy Don]

Why do you ask? In most cases, they will probably NOT be the same person. The probate officer is an official employee of the court or of the county.