The insurance on my grandfathers pension had the beneficiary listed as my father. Because he has deceased, we were under the impression this wouild go to my dad's estate. The insurance company says they have to issue a cheque to my grandfather's estate. We know the executrix had tried to change the beneficiary once before, and my grandfather changed it back to my dad. We know that she will keep this and not distribute as per my grandfather's wishes. What legal action can be taken?Thanks.
2007-03-02 05:56:44 · 2 answers · asked by lmhdog2000123 1 in Politics & Government ➔ Law & Ethics
I do not know what State you live in, however in most States the insurance company is required to pay the insurance directly to the beneficiary. It is not considered a part of the estate. Your best bet is to check with the probate court for your grandfather's estate. They have the authority to determine and bring action against the executor or executrix if they are not acting in accordance with the wishes of the deceased.
2007-03-02 06:10:11 · answer #1 · answered by don n 6 · 0⤊ 0⤋
If the executor of an estate does not execute the will as stipulated the beneficiaries, or anyone with a legitimate claim against the estate, can sue for damages and the executor can be personally responsible.
2007-03-02 14:04:15 · answer #2 · answered by Blanca W 2 · 0⤊ 0⤋