QUESTION
Do we have to hire an attorney if the beneficiary of an estate does not follow the will?
Asked on May 04th, 2011 on Estate Planning - Florida
More details to this question:
My father just died and my brother is beneficiary of his life insurance policies and apparently there is not a complete will. As far as I can remember their assets were to be divided 3 ways, will we have to obtain a lawyer for this to transpire if the brother doesn’t divide accordingly? Or does the beneficiary override a probate situation. Can he keep all the funds from the insurance policies?
3 ANSWERS
Theodore W. Robinson
Unfortunately, if the life insurance just gave it to him to divide up, then you may have a problem because that's not binding upon him. As for the estate, yes, you probably need to file for an Administration proceedings and ask that you be appointed as the Administrator rather than your brother. That's because the Will was incomplete and that would mean there is no Will. You'll probably need to hire an attorney for this proceeding. Good luck.
Answered on May 09th, 2011 at 12:25 PM
1 Award
A beneficiary designation to specific person overrides the will, the trust and any probate proceedings unless someone can prove in court that the designation was made by your father as a result of undue influence or lack of capacity when he made the beneficiary designation.
Answered on May 05th, 2011 at 11:54 AM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
Your rights will vary depending on what the will states and whether it is valid, you should discuss it with a Florida Estate Planning Lawyer to see what your rights and options are.
Answered on May 05th, 2011 at 11:47 AM