QUESTION
I was sent a check from my fathers life insurance money, am I entitled to that money?
Asked on May 28th, 2012 on Estate Litigation - Ohio
More details to this question:
I was mailed a check from my deceased fathers life insurance money, my mother who is his ex wife is exsecutor of the estate( which both my brother and sister live out of state and no one asked me if I wanted executorship I was just foreced to sign off), she is now claiming that I have to sign my check over and give to her. They have decided that they are going to pay off my dads cemetary polt with it but theres a catch when my father passed away my mom wanted to be burried next to him and got a stacking plot all of which from day one said she would pay for, well now she dosent want to be burried there and is still making us pay for it with my dads life insurance money. She''s all a sudden had a change of heart because her supposid soulmate had passed away and two months after his death is back with her ex husband.( she remarried after my father and her devorced). She has threathen to now sue me over this money. Im not sure what I should do.
1 ANSWER
When a person dies, his or her assets can be categorized as "non-probate" or "probate". Non-probate assets are assets that have a living beneficiary or joint owner, and the asset goes to the surviving beneficiary or joint owner at the death of the owner/co-owner. Probate assets are assets that are titled in the name of the deceased person and do not have a living beneficiary or joint owner, and the probate court oversees the distribution of that assets according to the deceased's will, or if there is not a will, according to Ohio's intestacy statute.
The question now is why you received the life insurance proceeds. Is it because your father listed you as the beneficiary in your individual capacity (as opposed to your role as the person he named as responsible for his funeral arrangements)? If so, you are likely entitled to those funds as "non-probate" property. You should request a letter from the insurance company that specifies your father's insurance beneficiary designation. Unfortunately, I would not recommend that you rely solely on the fact that the insurance company sent it to you as enough evidence that it is yours, especially if your mother is threatening to sue you.
This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliates companies. You may wish to consult an attorney for specific legal advice.
Answered on Jun 26th, 2012 at 8:22 AM