Beneficiary

[jvh]

What is the name of your state?What is the name of your state? PA.
My mother recently passed away and she lived in N.C. My brother was named beneficiary on her life insurance policy. Who is responsible for funeral exspenses?

 

[nextwife]

Her estate.

 

[jvh]

beneficiary

Thanks for the quick response. Isn't my brother responsible for the funeral expenses because he recieved the payment from the life insurance?

 

[cbg]

Nothing in the law says that the person who receives the life insurance automatically becomes responsible for paying all expenses. You received the correct answer above; it is her estate that is responsible. Was your brother made the executor of her estate?

 

[jvh]

No he wasn't made executor.

 

[cbg]

Then whoever is her executor, is the one responsible.

Until her marriage, I was the beneficiary of my sister's life insurance, but our brother was her executor. I don't think that's the usual state of affairs, but she had reasons for doing it that way. Your mother may have had her reasons as well.

 

[Dandy Don]

If she has a will that is being probated, then, yes, the executor of the estate is responsible. If she was a lady who did not have many assets and there is no will being probated, then you could ask brother to help pay for a portion or all of the funeral expense, if he is willing to do so, but there is no legal obligation for him to do it.

 

[jvh]

My sister want to bring a lawsuit against my brother to get him to pay the expenses. Does she have a case?

 

[Dandy Don]

Yes. Is the will being probated now or has probate already closed? If there is enough money in the estate to pay for the funeral bill, and if probate is still open, all she needs to do is to send him by certified mail a copy of the funeral bill so the estate can pay it. If there is not enough money in the estate to pay the bill, then it won't do her any good to sue because she will then lose.

Or better yet, ask the funeral home to send the request for payment to the executo, so you don't have to be involved.

DANDY DON IN OKLAHOMA ([email protected])

 

[jvh]

beneficiary

My sister is the executor. The insurance is only $7000 and my mom prchased it to pay her funeral expenses.

 

[Dandy Don]

But you still haven't answered my questions. Is there enough money in the estate to be able to pay the funeral bill?

Thank you for the clarification--if the insurance policy was a burial insurance policy that you have seen the copy of said policy to insure that it was supposed to specifically pay for burial expenses, then yes, the executor might have a case to sue, but the provisions of the policy would have to be looked at very carefully. Some policies are set up so that the money goes directly to the funeral home so I was wondering why that wasn't done here, but of course that would not apply if a specific beneficiary was named as was done here.

 

[jvh]

beneficiary

No. My mother had very little.