outraged

[jthompso]

What is the name of your state? ohio my mother passed away last month. she left my father her estate and my siblings and i her life insurance. in the will it asks for her funeral and medical bills from illness to be payed from beneficiaries of life insurance. my father is upset my mother left us this money and has a lawyer, he wants to use the life insurance to pay off all debts including house that was left to my father. my father isnt concerned about paying bills its about getting the money. he doesnt work so we feel the house should be sold because he has 5 years until he can get pension. anyway there is a no contest clause in will and the lawyer wants us to sign a waiver of probate of will. should we sign? can they legally use life insurance to pay on estate? there are other assets. house, 401k, ten grand in bank acct. a car. is it contesting will if we dont pay house off? can life insurance be taken back if we contest will if they want debt payed from insurance not estate?

 

[seniorjudge]

What is the name of your state? ohio my mother passed away last month. she left my father her estate and my siblings and i her life insurance. in the will it asks for her funeral and medical bills from illness to be payed from beneficiaries of life insurance. my father is upset my mother left us this money and has a lawyer, he wants to use the life insurance to pay off all debts including house that was left to my father. my father isnt concerned about paying bills its about getting the money. he doesnt work so we feel the house should be sold because he has 5 years until he can get pension. anyway there is a no contest clause in will and the lawyer wants us to sign a waiver of probate of will. should we sign? can they legally use life insurance to pay on estate? there are other assets. house, 401k, ten grand in bank acct. a car. is it contesting will if we dont pay house off? can life insurance be taken back if we contest will if they want debt payed from insurance not estate?

The best advice anyone can give you is to hire your own lawyer immediately.


Q: anyway there is a no contest clause in will and the lawyer wants us to sign a waiver of probate of will. should we sign?

A: Yes, if you want to give up your rights; no, if you don't.


Q: can they legally use life insurance to pay on estate?

A: No; that money goes outside the estate.


Q: there are other assets. house, 401k, ten grand in bank acct. a car. is it contesting will if we dont pay house off?

A: No.


Q: can life insurance be taken back if we contest will if they want debt payed from insurance not estate?

A: No.

 

[BelizeBreeze]

What is the name of your state? ohio my mother passed away last month. she left my father her estate and my siblings and i her life insurance. in the will it asks for her funeral and medical bills from illness to be payed from beneficiaries of life insurance. my father is upset my mother left us this money and has a lawyer, he wants to use the life insurance to pay off all debts including house that was left to my father. my father isnt concerned about paying bills its about getting the money. he doesnt work so we feel the house should be sold because he has 5 years until he can get pension. anyway there is a no contest clause in will and the lawyer wants us to sign a waiver of probate of will. should we sign? can they legally use life insurance to pay on estate? there are other assets. house, 401k, ten grand in bank acct. a car. is it contesting will if we dont pay house off? can life insurance be taken back if we contest will if they want debt payed from insurance not estate?

Without knowing ALL relevant facts except what you posted, your father has no claim to the insurance. It is payable outside of Probate.

 

[Dandy Don]

You need your own local attorney to consult for advice about whether to sign the waiver or not.

The life insurance money is yours and there is nothing that the other side can do to get you to give it back. You can not be held responsible to pay off anything from the estate--that is the estate's responsibility. Father has no right to be upset--if mother had wanted him to be a beneficiary in this she would have named him as such. He should be grateful for what he did get.

You can not sell the home because you have no authority to and no rights to it. How much is the outstanding debt owed on the house and how much other debt is there? If there is not enough money in the estate left to pay it off, then father will have to decide if HE wants to continue making monthly payments on it or selling it and moving somewhere else.

Technically you could refuse to pay the funeral and medical bills if you wanted to, because the estate is supposed to pay those as well, but I assume you wish to honor your mother's wishes and get them paid off and mother probably wasn't aware of this aspect when she had her will drafted.