Legal Question in Family Law in Florida

Can she be an executor of my dads life insurance policy?

My dad lived in Florida and is now deceased.The executor of the Will lives in Indiana and is not a resident of Florida.

I am told that she is not the executor of the Will. My dad also had a insurance policy with her names as the executor from his work in Gary, Indiana. Can she legally be the executor of that?


Asked on 3/17/04, 5:13 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: Can she be an executor of my dads life insurance policy?

The will must be probated in the state where the decedent resided at the time of death. If the person named as executor is not a resident of that state, then the Court will decide whether someone else should serve as executor. Generally, a life insurance policy is payable to a beneficiary, not an executor, unless there is no named beneficiary and the policy did not provide for its payment to living children in the event a beneficiary is not named. You need to contact a probate attorney in Florida to determine what the procedure is to probate this estate.

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Answered on 3/18/04, 11:03 am


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