QUESTION

What rights to a beneficiary of the estate have in regards to the decisions of the executor?

Asked on Jan 18th, 2017 on Wills and Probate - Georgia
More details to this question:
The spouse recd a life insurance check & SSN ck should this not be used towards burial expenses?
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2 ANSWERS

Wills Attorney serving Alpharetta, GA
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Normally, a beneficiary has no right to control the Executor's decisions. The Executor's job is to ensure that the estate is administered properly and that the interests of creditors and other interested parties, including, but not limited to, beneficiaries are protected. As for your other question, however: if the spouse received a check directly from a life insurance policy, that money belongs to the spouse, not the estate, and the spouse is not required to pay for the funeral with that money. Same with Social Security benefits paid to the spouse: that's not the estate's money. The estate is required to pay the funeral expenses, not the spouse, and so if an asset was paid directly to the spouse as a beneficiary under a life insurance or from Social Security, the spouse can keep that money if he or she wants to keep it.
Answered on Jan 19th, 2017 at 9:34 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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Life insurance usually has designated beneficiaries.  The money one receives from a life insurance company does not belong to an estate, unless the estate is the beneficiary.  The estate is responsible for paying for funeral expenses, not the person who receives the life insurance.  However, to answer your specific question, a beneficiary has some rights to question the decisions of an executor.  However, so long as the executor does what the will says do, beneficiaries can do little to stop the decision.
Answered on Jan 19th, 2017 at 5:47 AM

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