Legal Question in Wills and Trusts in Pennsylvania

My fathers girlfriend passed away. The Will states that all her belongings go to him and she left him as the executor of her estate. Now the woman really did not own much however there is a life insurance policy that has no one listed as a beneficiary. Does that policy get put into the estate? She had Children but they are not listed at all in the will or on the policy for the life Insurance.


Asked on 3/10/15, 8:36 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

The policy will be paid into the estate if no beneficiary was listed. Your father will have to give notice to the girlfriend's heirs, her children, when he probates her will, and they will have the right to "take" against the will, since they are entitled to a share of her estate, unless the will specifically disinherits them and can stand up to a challenge.

Your father should probably get legal assistance in the administration of an estate that may involve a challenge, to make sure that he properly administers it.

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Answered on 3/10/15, 9:31 am

I would echo Attorney Jacobson here. The girlfriend should have named a beneficiary on her life insurance policy. That was really poor planning on her part. An estate will now need probated for her and the money will be paid to the executor to deposit in a bank account for the estate. It is premature to talk about who gets what because NOBODY gets anything until all debts of the estate are paid.

As noted by Attorney Jacobson, the woman's children are entitled to inherit under the intestacy laws if they are not mentioned by specifically disinheriting them in the will. Your father, since he is named as a beneficiary in the will, should take the will to a probate attorney who practices in the state/county where the girlfriend lived prior to her death and see if he is the executor and see if the will specifically disinherits the children. If your father is the executor then your father is going to need help administering the estate and may find it useful to hire the attorney, although that is not required. If the woman's children have not been disinherited and if your father is the executor then he is definitely going to need an attorney because there is probably going to be some kind of challenge here.

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Answered on 3/11/15, 1:12 pm


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