Legal Question in Wills and Trusts in New York

My mother recently passed and my sister was left as executor. Additionally her and I were left ad beneficiaries of a small life insurance. My sister is demanding that I sign over my portion to help cover my moms bills until the house is sold. I've tried telling her with moms medical expenses there may not be any money left after the sale of the house so we should have moms lawyer work out the property taxes and pay it all at the end instead of blowing through all that money now. My sister is of the mindset that we should pay it all upfront because if there is no money left after we sell the house then she is finally responsible since she is the executor and probate

Asked on 11/28/17, 4:23 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Please accept my condolences on the loss of your mother.

The life insurance is a 'non-probate' asset (not part of your mother's estate) and for that reason is not available to pay your mother's creditors. I don't know why your sister thinks she will be personally responsible for your mother's debts if there isn't enough money left after the house is sold. Where did she get that idea from? This is a classic situation where you guys need to hire a lawyer to guide you through the probate process.

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Answered on 11/29/17, 7:05 am

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