Legal Question in Wills and Trusts in Florida
Mother passed away, leaving 5 children. Directed in her will that her life insurance policy, referenced by account number in the will, be divided equally between siblings. She named one brother as executor of her will and also as the sole listed beneficiary on the insurance policy. Brother claims he as no obligation to share the proceeds of the policy as dictated in the will and says he is free to keep it all for himself. The question is; is he correct? Can he ignore the will, even though he is the executor, and keep the insurance monies for himself or is this worth pursuing in a court case? Obviously he is morally wrong, but legally?
1 Answer from Attorneys
If brother is beneficiary of policy, it passes outside probate and the Will has no effect on the proceeds. The Will only dictates what happens with assets of decedent at the time of her death.
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