Question about wills. If the will says that A B C should get a certain % from the death insurance. But the death insurance only list A person. Does that mean that will is avoid and A gets the death insurance?
2007-03-15 08:22:59 · 6 answers · asked by Monet 6 in Business & Finance ➔ Insurance
another thing why would A hide the will?
2007-03-15 08:35:32 · update #1
A ran everything
2007-03-15 08:43:05 · update #2
the person is dead. I'm just trying to fugure out why A is still hiding the will
2007-03-15 08:43:52 · update #3
there is a will. He told everyone. How do I file for a copy
2007-03-15 09:15:44 · update #4
no one elise has seen the will or insurance policy.A saw it. A said she got the insurance policy bec A was first on it. B was second on insurance policy. No one has seen any of it except A. A got everything. I'm just making sure A is following the law.
I do know that the police were taking photos of A's place and car from the road.
I just don't trust A.
A stills everyone that theres a will except B and C
2007-03-15 09:41:24 · update #5
When was the beneficiary clause dated?
When was the will dated?
A would hide the will to keep anyone else from knowing what it said. Who was named executor of the estate?
Additional - Has anyone other than A seen either the will or the insurance policy? Has A opened probate on the estate? Were there any other assets besides the Life insurance?
B & C may need to see an attorney to force A to open probate on the estate.
Copy of Will: Generally, the attorney that drew up the will has a copy. If you know who that attorney is, you can see if get a copy. Other than that, if you don't know who the attorney is, you'll probably have to hire an attorney to sue A to force A to open probate on the estate. What other assets were there besides the life insurance?
You need to get an attorney. It doesn't sound like A is going to divide anything up and no one knows what was in the will at this point. If there is a significant estate, you need an attorney anyway, just to make sure it's all done correctly.
2007-03-15 08:32:06 · answer #1 · answered by Faye H 6 · 1⤊ 0⤋
The will and the beneficiary clause do not have anything to do with each other. If A is the beneficiary on the life insurance policy they can do whatever they want with the money. I just redid my will and went thru all of this with the attorney. If there is a will it has to be filled with the court which makes it public record. An executor has to be assigned. B&C will get the percentage of the rest of the estate if A won't give them a % of the life proceeds.
Always make sure that you trust the person who is the executor if you leave them all your life insurance proceeds.
2007-03-16 02:48:46 · answer #2 · answered by blb 5 · 1⤊ 0⤋
A life insurance policy with a named beneficiary would move outside of the estate and therefore is not goverened by the will. The will would not be void in it's entirety, just that portion. No attorney that I know would have drawn a will stating that so I am assuming this is a holographic( handwritten) will? If so consult an attorney to have it changed before this situation becomes a reality.
2007-03-15 08:29:05 · answer #3 · answered by Lady79 2 · 2⤊ 0⤋
A will does NOT affect the beneficiary clause of the policy. The insurance company will write the check in it's entirity to A.
They do NOT have to divide it up.
Wills have to be filed in probate court, where they become public records. If A said there is no will, then the estate has to be transferred according to state law, by a judge - and is ALSO then a matter of public record.
2007-03-15 08:49:33 · answer #4 · answered by Anonymous 7 · 1⤊ 0⤋
The money will be paid to A, but it is up to the executor and A to relay the money to B and C.
2007-03-15 08:26:36 · answer #5 · answered by Pauly 3 · 0⤊ 0⤋
it means that who ever is listed on the will they will get it and no one else.A B C will get whatever percentage is left to them and the death insurance a will get and no one else.
2007-03-15 08:27:00 · answer #6 · answered by Mary O 6 · 0⤊ 1⤋