QUESTION
How can we get the funds to pay funeral expenses from the estate?
Asked on Jun 06th, 2011 on Estate Planning - Georgia
More details to this question:
My brother is the beneficiary of my mother's life insurance policy. He is missing and we have filed a missing persons report with local police. The money is needed to pay funeral expenses only. What can we do to have the money sent directly to the funeral home if we cannot locate him?
4 ANSWERS
Theodore W. Robinson
Not much, I'm afraid. You'll have to start an Administration proceedings in Surrogates court to get a Court Order. Plus don't worry so much about the funeral expenses yet. Just find your brother first and then deal with the expenses. Speak to a local estate attorney about this.
Answered on Jun 09th, 2011 at 10:02 AM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
Unless the insurance policy was for the funeral and stated so in the contract, you have no rights to take his money and use it for funeral expenses. You will probably need a probate attorney and can discuss your options and your specific circumstances with the attorney
Answered on Jun 09th, 2011 at 8:45 AM
2 Awards
Unfortunately, the money doesn't belong to the estate, it belongs to the brother. The policy is simply a contract between your mother and the insurance policy to pay money to the beneficiary. The policy may contain language to the effect that if the brother is unavailable, then the funds will go to a second (contingent ) beneficiary.
Answered on Jun 08th, 2011 at 2:24 PM
Glen Edward Ashman
You cannot. It's not the funeral home's money nor yours.
Answered on Jun 08th, 2011 at 11:55 AM