What is the name of your state (only U.S. law)? Texas
Hello,
First off, thank you beforehand to whoever answers.
Basically I am just trying to get some information on what happens when there are 2 beneficiaries listed on a life insurance policy, here is the jist of the situation:
Father passed about 5 years ago and was named as primary beneficiary (I'm assuming) on mother's term life insurance policy whereas I'm named as secondary or contingent (don't know if that's the right word or not) beneficiary. Mother just passed recently and her will is in probate at this time, with her sister (my aunt) being executrix.
I've already found that if beneficiaries are named on life insurance policies then said policies are exempt from the probate process. This is correct??
The main issue is this, aunt contacted me over a month ago with the news of this policy and said that she would be trying to get it taken care of for me, if she could not then she may need me to meet up with her to do a ' little power of attorney thing' so she could get it going quicker; yes, this is how she worded it lol. That threw up a red flag for me. I had not heard back from her so I called her the other day to basically ask why doesn't she just send the policy to me and I will handle it myself (just one less thing she would have to deal with on top of everything else). She stuttered around and said well you may not be able to have it since your dad was listed as a beneficiary too and his will had my oldest sister as being executrix. Oldest sister was contacted by attorneys for mom's estate and told she needed to sign over dad's will by law. She has since done this, for the simple reason that we all (the kids) just want all of this legal stuff to be over with.
Sorry for the long winded post but I'm at a loss as to what course of action to take. My mother was ill for a lot of years and moved to same area as Aunt so that she could help take care of her, all of us kids have just recently found out that mom left everything to this aunt and nothing to us (which fine, if that's what she wanted). We had to get copies of the will on our own accord and the aunt has not been forthcoming with any information other than to say 'ya'll kids don't worry, once it's all settled you'll be taken care of'. We hope she stands by what she says and what our parents wanted...but who knows.
So, the answer I'm looking for here is do I have a right to confront the aunt and her lawyers (of mom's estate) and demand that they turn over said insurance policy so that I can pursue the next course of action?
Thank you again for your time.
Hello,
First off, thank you beforehand to whoever answers.
Basically I am just trying to get some information on what happens when there are 2 beneficiaries listed on a life insurance policy, here is the jist of the situation:
Father passed about 5 years ago and was named as primary beneficiary (I'm assuming) on mother's term life insurance policy whereas I'm named as secondary or contingent (don't know if that's the right word or not) beneficiary. Mother just passed recently and her will is in probate at this time, with her sister (my aunt) being executrix.
I've already found that if beneficiaries are named on life insurance policies then said policies are exempt from the probate process. This is correct??
The main issue is this, aunt contacted me over a month ago with the news of this policy and said that she would be trying to get it taken care of for me, if she could not then she may need me to meet up with her to do a ' little power of attorney thing' so she could get it going quicker; yes, this is how she worded it lol. That threw up a red flag for me. I had not heard back from her so I called her the other day to basically ask why doesn't she just send the policy to me and I will handle it myself (just one less thing she would have to deal with on top of everything else). She stuttered around and said well you may not be able to have it since your dad was listed as a beneficiary too and his will had my oldest sister as being executrix. Oldest sister was contacted by attorneys for mom's estate and told she needed to sign over dad's will by law. She has since done this, for the simple reason that we all (the kids) just want all of this legal stuff to be over with.
Sorry for the long winded post but I'm at a loss as to what course of action to take. My mother was ill for a lot of years and moved to same area as Aunt so that she could help take care of her, all of us kids have just recently found out that mom left everything to this aunt and nothing to us (which fine, if that's what she wanted). We had to get copies of the will on our own accord and the aunt has not been forthcoming with any information other than to say 'ya'll kids don't worry, once it's all settled you'll be taken care of'. We hope she stands by what she says and what our parents wanted...but who knows.
So, the answer I'm looking for here is do I have a right to confront the aunt and her lawyers (of mom's estate) and demand that they turn over said insurance policy so that I can pursue the next course of action?
Thank you again for your time.