Brother with $20,000 in debts dies leaving a $10,000 life policy naming his other brother as beneficiary. Can decedent's creditors come after other brother?
2 Answers from Attorneys
No -- unless the living brother co-signed or otherwise guaranteed the deceased brother's debts. The life insurance money passes outside of the deceased's estate, so creditors have no claim to it. Hope this helps.
Cary B. Hall, Esquire
Law Offices of Cary B. Hall, L.L.C.
121 East Chestnut Street, Suite 205
Souderton, PA 18964
T: (267) 663-9995
F: (215) 525-4364
No. Again, the exception would be that if the surviving brother guaranteed the debts (co-signing a car note for example) or otherwise agreed to be financially responsible, then the creditors could sue. However, the creditors have no claim against the insurance proceeds and the surviving brother can do whatever he wants with the cash.