The will of a deceased relative contains a provision that reads: "I give and bequeath all my remaining tangible personal property, including, without limitation, all of my personal effects, household furniture and furnishings, together with any policies of insurance in effect at the time of my death applicable thereto, including any prepaid premiums thereon, in accordance with separate instructions to be made known to my Executor, or in the absence of separate instructions, to my brothers and sisters who survive me, as they can agree." With no beneficiaries listed in the life insurance policy and no separate instructions provided, the policy is being paid to the estate. Even so, we are wondering if the sole remaining sibling should still get the full amount of the life insurance policy directly (e.g. considering it a non-probate asset). We have been told by the executor that "policies of insurance" do not refer to life insurance policies, but this still doesn't make sense to us!
The provision is odd. I think you have a good argument, but in light of the position taken by the Executor, you are going to have to bring what is called a "construction proceeding" in Surrogate's Court.
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