Legal Question in Wills and Trusts in Indiana

probate

my mother recently passed away and left several small life insurance policies to be split between my sisters, she was widowed. who is responsible for any outstanding medical bills and credit card bills? what is probate? she did not own a home, do we have to settle the estate? can the hospital put a lien on the life insurance? thank you


Asked on 4/23/07, 12:26 pm

2 Answers from Attorneys

Mary J. Hoeller, R.N., J.D. Attorney At Law

Re: probate

You should hire an attorney familiar with probate. Sounds as if you may need to go through Probate. The attorney will answer all your questions.

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Answered on 4/23/07, 12:49 pm
C. David DuMond Law Offices of David DuMond

Re: probate

I am sorry for your loss. If the life insurance policies name you and your sisters as beneficiaries, then you can all claim the proceeds as beneficiaries, and will not have to open an estate. If the life insurance policies do not name a beneficiary, or name her "estate" as beneficiary, then an estate must be opened, creditors notified, and the life insurance benefits would be paid to the estate to pay those creditors who successfully file claims. You and your sisters are not liable for your mother's debts. Only her estate is liable, and as I said, if the insurance policies designate named beneficiaries, then those proceeds are not part of the estate and are not subject to payment of the debts. Good luck.

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Answered on 4/23/07, 5:06 pm


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