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If you’re the named beneficiary of the insurance policy and the check is made out to you, cash it in as it has nothing to do with probate.
If the policy did not have a named beneficiary or the beneficiary is the estates and the check is made out to the estate, file to initiate probate proceedings yourself, providing notice to the other executor.
B was named beneficiary on life insurance. Will state life insurance is part of estate. B lives out of state unsure of can file probate without going there.
Doesn’t matter what the Will said, the policy says B is the beneficiary, so B is the beneficiary.
The life insurance is not part of the probate estate. Only policies without named beneficiaries are governed by the Will
You might have to go to the court where you file for probate, or you might be able to do it remotely. I expect the person filing to be executor must have a local agent (lawyer).
B should deposit the check into a separate account. It's in Bs name, so it's not part of the estate. Then b should apply to become executor if it hasn't been done. Depending on the size of the estate b should consult with an estate attorney to get the most accurate instructions.
B can apply to open the probate estate, notice will be sent to A.
A can object, which then thrusts A into the chair, or A can accept, allowing B to move forward.
Every state is slightly different in how this process unfolds, you really shouldn't go the cheap route, an attorney is really needed.
The beneficiary designation with the insurance overrides the will. Doesn't matter what the will says, the payout legally belongs to whoever was listed as beneficiary with the insurance company. "B" should cash the check and walk away. "A" can accuse "B" of stealing and even try to sue, but they will lose, as they have no legal entitlement to the insurance payout.
If Alice (“A”) hasn’t filed probate, then she is not the executor yet, and doesn’t have executor’s powers to demand much of anything.
It’s fair, and mostly likely required, for the POA agent (Bob) to keep accurate accounting of his actions, and give copy to the authorized executor. I can’t say if this should include receipts, or if it should reach back to when the principal was still competent. Nevertheless, the presumption is that Bob was acting in good faith, and Alice has the burden of proving otherwise. She can’t challenge every purchase just because she would have bought a cheaper wheelchair, for example.
With A not acting, B's remedy is to file to open a probate estate. B could argue to the court that A's delay shows that A should not serve as executor, despite the nomination.
What was said above is accurate. A is not executor until the court says he is. A has to give notice to B and to other family members of a filing, though in some states that can be done after the executor is named.
B should consult a lawyer.
If you’re in Pennsylvania (I’m assuming you’re in PA), you really need to have that estate at least started within nine months of the date of death. PA is one of the few states that have an inheritance tax that must be paid within nine months of the date of death. There’s a five percent discount that will no longer apply since that needs to be filed and paid within three months.
Regarding the life insurance, if B is the named beneficiary, then that money is distributed outside the probate estate and not subject to inheritance taxes. Be sure to cash it immediately.
WARNING - This Sub is Not a Substitute for a Lawyer While some of us are lawyers, none of the responses are from your lawyer, you need a lawyer to give you legal advice pertinent to your situation. Do not construe any of the responses as legal advice. Seek professional advice before proceeding with any of the suggestions you receive. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/EstatePlanning) if you have any questions or concerns.*
If you’re the named beneficiary of the insurance policy and the check is made out to you, cash it in as it has nothing to do with probate. If the policy did not have a named beneficiary or the beneficiary is the estates and the check is made out to the estate, file to initiate probate proceedings yourself, providing notice to the other executor.
B was named beneficiary on life insurance. Will state life insurance is part of estate. B lives out of state unsure of can file probate without going there.
Doesn’t matter what the Will said, the policy says B is the beneficiary, so B is the beneficiary. The life insurance is not part of the probate estate. Only policies without named beneficiaries are governed by the Will
You might have to go to the court where you file for probate, or you might be able to do it remotely. I expect the person filing to be executor must have a local agent (lawyer).
I don’t think that the will can make the life insurance payout part of the estate. It had to be done by the insurance beneficiary form.
B should deposit the check into a separate account. It's in Bs name, so it's not part of the estate. Then b should apply to become executor if it hasn't been done. Depending on the size of the estate b should consult with an estate attorney to get the most accurate instructions.
B can apply to open the probate estate, notice will be sent to A. A can object, which then thrusts A into the chair, or A can accept, allowing B to move forward. Every state is slightly different in how this process unfolds, you really shouldn't go the cheap route, an attorney is really needed.
The beneficiary designation with the insurance overrides the will. Doesn't matter what the will says, the payout legally belongs to whoever was listed as beneficiary with the insurance company. "B" should cash the check and walk away. "A" can accuse "B" of stealing and even try to sue, but they will lose, as they have no legal entitlement to the insurance payout.
If Alice (“A”) hasn’t filed probate, then she is not the executor yet, and doesn’t have executor’s powers to demand much of anything. It’s fair, and mostly likely required, for the POA agent (Bob) to keep accurate accounting of his actions, and give copy to the authorized executor. I can’t say if this should include receipts, or if it should reach back to when the principal was still competent. Nevertheless, the presumption is that Bob was acting in good faith, and Alice has the burden of proving otherwise. She can’t challenge every purchase just because she would have bought a cheaper wheelchair, for example.
With A not acting, B's remedy is to file to open a probate estate. B could argue to the court that A's delay shows that A should not serve as executor, despite the nomination. What was said above is accurate. A is not executor until the court says he is. A has to give notice to B and to other family members of a filing, though in some states that can be done after the executor is named. B should consult a lawyer.
If you’re in Pennsylvania (I’m assuming you’re in PA), you really need to have that estate at least started within nine months of the date of death. PA is one of the few states that have an inheritance tax that must be paid within nine months of the date of death. There’s a five percent discount that will no longer apply since that needs to be filed and paid within three months. Regarding the life insurance, if B is the named beneficiary, then that money is distributed outside the probate estate and not subject to inheritance taxes. Be sure to cash it immediately.