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This could be a tough question and probably depends on your state. Most courts will hold the insurance proceeds should either be used to rebuild the house or placed in escrow with the interest going to the life tenant. It is possible the son could prevail in getting the money, but it is his mother we are talking about.

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Q: If a house owned by a son but with a life estate maintained by his mother should burn down who would get the proceeds from the insurance?
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Can Mother-in-laws collect insurance proceeds before children?

insurance proceeds are distributed to named beneficiaries In addition an insurance policy of a deceased that does not have a named beneficiary will be included in the probate procedure and the state's probate law of succession will apply.


Can me and my sibling rent out deceased mother's house that is deeded in her name only?

Your mother's estate must be probated in order for the title to the real estate to vest in her children. You are not the legal owners. Until you are the legal owners any rental agreement or lease agreement you sign will be unenforceable. Any insurance proceeds in the case of a fire or other loss would be paid in her name. You couldn't cash the check.


Your father died years ago your mother never changed her beneficury what happens to her life insurance?

If a beneficiary under a policy is deceased, and if the beneficiary designation did not provide for an alternate beneficiary, then the proceeds are payable to the insured's estate. To access the proceeds, you would probably need to go through probate or some other form of proceeding for the passing of a decedent's assets.


Can you be sued by your mother's estate if she accidentally fell to her death down your stairs and if so would insurance cover it?

Family or not, you can be sued by your mother's estate for her falling down your stairs and dying. As far as coverage, you should contact your insurance agent and have them speak with the underwriter. Or call an attorney.


If Mother dies and leaves a will with house mortgaged and hospital bills to 3 kids are they responsible to pay?

The mother's estate is responsible for settling all debts. The house will likely have to be sold and the proceeds used to pay the hospital bills.


Is a parent the beneficiary of their child's life insurance?

This all depends on who took out the life insurance policy and who was named as the primary beneficiary at the time. The primary beneficiary is named within the policy document. The primary beneficiary may or may not be the father and/or mother. If the primary beneficiary is deceased, then check the policy for a named contingent beneficiary. If there are no named beneficiaries living, then the policy proceeds become part of the policy holder's estate. Please consult with a qualified attorney, to determine guardianship of the child's estate. Ask the insurance agent and a lawyer for a free consult to be sure.


If your mother gave you a credit card to use and she died recently and the card is only in her name do you have to worry about paying the bill?

Of course. Banks are not in the habit of giving away money. ANY bills at the time she died are to be paid by her estate. That would be proceeds from life insurance, savings and sale of property. Any money remaining can be disbursed to her heirs.


There is no beneficiary on my mother's life insurance policy?

If no beneficiary is listed on a life insurance policy then the benefits are payable to the insured's estate. The beneficiary can be changed at any time prior to the death of the insured if this is the person's desire.


If Mother died without a will owned a home and no other debts can children live in home without going to probate if everyone agrees?

Mother's estate must be probated in order for title to the real estate to pass to the heirs. You should contact an attorney. Until the estate is probated there is no legal owner. That can be especially troublesome if you need homeowner's insurance.


Will the state of ca come after you for your mothers medicaid bills if you take out an insurance policy to pay for her burial?

You are not responsible for your mother's Medicaid bills. However, CA will file a claim against your mother's estate to recover assistance issued.


My father is deceased and my mother is still alive but is mentally incompetent therefore my sister has Power of Attorney can my sister take the proceeds from the sale of my mothers home?

Your sister has no power to sell any property your father devised to you in his will. A power of attorney is extinguished when the principal dies. If she had a power of attorney for your father it is no longer effective. Real estate must pass through probate in order for title to pass to the heirs. She has no authority to sell real estate unless she has been appointed the executor, the will gives her the authority to sell the real estate or the court has granted her a license to sell the real estate. You should seek the advice of an attorney, especially if real estate is involved.


Are you legally obligated to give the insurance money you inhereted from your fathers estate to your mother who never removed her name from the divorce decree to pay off a foreclosed mortgage?

Yes lololololol