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Thursday, June 15, 2017

The Law Show: What happens if you die without a will? Now online

The latest episode (June 15, 2017) of The Law Show is now online and available for listening. This week we talked about what happens if you pass away without a valid will in place. Where does your estate go if you're not married? Who is supposed to step up and ask for authority as administrator? Why is being an administrator harder than being an executor? What portion does the government take? And lots more. Click here to go to the vocm.com webpage and scroll down to the episode you want to hear. If you're not sure which show to listen to, check our listing on the right hand side of this blog.

4 comments:

  1. Hi Lynne, your website is very informative, and I would like to ask you a question about Life Insurance. My father passed away last month without a will, and I've been taking care of his affairs. I've hit a road block with his life insurance because he hasn't named a beneficiary, so now they say it will be paid out to his estate. Would I need to apply to be the estate trustee in order to get money from his estate? My plan was to use his life insurance to pay his creditors.

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    Replies
    1. The insurance company is correct to pay the proceeds to the estate. They cannot legally pay it to anyone else.

      I expect that you will have to apply for Letters of Administration before money is paid to you. Look at it from the insurance company's point of view. If that money was paid to you and you either lost it, kept it, paid some but not all of the debts with it, or a dozen other things, the insurance company could be sued by a creditor or beneficiary. Without Letters of Administration, you simply don't have any legal authority and they could be in big trouble for paying it to you.

      Not the answer you wanted, I'm sure, but that's how I see it.

      Lynne

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