Legal Question in Real Estate Law in New York

Waiver of Process & Consent to Probate

My father passed about six months age. He life insurance and a home. We were sent Waivers to Probate and I don't want to sign over my consent until I find out about the insurance. Can the life insurance be paid out w/o going thru probate?

Asked on 11/13/07, 11:34 am

3 Answers from Attorneys

richard feldman richard d. feldman
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Re: Waiver of Process & Consent to Probate

was there a will and inn whose name was the title

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11/13/07, 11:43 am
Robert R. Groezinger GroezingerLaw P.C.
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Re: Waiver of Process & Consent to Probate

Life insurance generally passes outside the estate to the benficiary because it is contractual in nature.

Good Luck

RRG

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11/13/07, 12:10 pm
Michelle Hofkin Law Offices of Michelle Hofkin
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Re: Waiver of Process & Consent to Probate

Life insurance proceeds generally pass outside of probate, meaning that they are non-probate assets and pass as a matter of law.

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11/13/07, 12:34 pm

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