• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Do creditor's have a claim against life insurance proceeds?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

dbworker33

Junior Member
What is the name of your state (only U.S. law)? New Jersey

I can't seem to find a definitive answer while researching online.
My mother-in-law passed away without a will. The mortgage on her house is higher than what the house is now worth. The only thing she left when she passed was a life insurance policy that names my wife as the beneficiary.

Does the bank that holds the mortgage (creditor) have a claim against the proceeds that my wife will recieve from the life insurance payment? I know that life insurance is a non-probate asset, so she wouldn't have to go through probate court to receive this payment.

Any advice would be greatly appreciated. Thank you
 


seniorjudge

Senior Member
Q: Does the bank that holds the mortgage (creditor) have a claim against the proceeds that my wife will recieve from the life insurance payment?

A: No.
 

dbworker33

Junior Member
Thank you for answering so quickly.

Is this answer in the New Jersey Statutes? I looked everywhere. Do you what law # this is?

Thank you in advance for your help
 

Zigner

Senior Member, Non-Attorney
Thank you for answering so quickly.

Is this answer in the New Jersey Statutes? I looked everywhere. Do you what law # this is?

Thank you in advance for your help
The proceeds are not a part of the estate. They belong to the beneficiary.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top