An executor is a person named in a Will, so they are administrators not executors. There should be no taxes due on a life insurance policy. I am not an expert on probate law and I do not know in which state she lived, but i don't see offhand why she would get anything from a retirement account [dying is not retirement] and why it would be taxable to her estate [if she had already retired and her employer had not made all the payments she was entitled to, those payments might be treated as income to the estate so subject to income taxes as being wages]. You need to find out their rationale for any taxes being due. They should not have paid anything from her husband's estate as there appears to be no connection to her estate. But what is the legal harm to you? You are only entitled to the funds your state's probate laws grant to you. If you were overpaid, why should they not be allowed to take back the over payment as you were never entitled to that amount. You want them to pay for their mistake in giving you more money then they should have! If you want to follow the law, on behave of the estate, they should sue you, get a judgment against you [which effects your credit rating] which you then have to pay, which then further reduces the amount you get because the estate has to pay for the lawyer to sue you and collect from you, so you end up with even less money. Her husband's estate would then have to sue them to collect back the money they should not have taken from his estate, the estate will not collect back all of its expenses, so the amount distributed from his estate will be less. Sounds to me the only ones who benefit from what you suggest are the attorneys who get involved.
Answered on Sep 11th, 2015 at 1:39 AM