Legal Question in Wills and Trusts in Ohio

My mother passed away and I was the only person in her will and on her money accounts. Have some medical bills being billed to her estate. What to know if the Life insurance policy would be considered part of her estate?


Asked on 11/04/09, 11:15 am

2 Answers from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

If the life insurance had a named beneficiary (someone other than her estate) then it would not be part of her probate estate.

Read more
Answered on 11/09/09, 11:32 am
Christine Socrates Meyers, Roman, Friedberg & Lewis

Generally, life insurance proceeds are not a part of a decedent's estate if a beneficiary is named on the policy. The bills of the decedent are paid out of probate assets only and not life insurance payable to a beneficiary. In some cases, a beneficiary predeceases the insured, and there is not a contingent or secondary beneficiary named. In that case, the life insurance proceeds will become a probate asset and are subject to the creditors of the estate. If you would like additional information or further assistance, please contact my office at http://www.socrateslegal.com .

Read more
Answered on 11/09/09, 11:50 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Ohio