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In NYS can the bank or creditors take a life insurance policy?

 
 
Reply Thu 31 Aug, 2017 02:31 pm
Life insurance policy left to my father in his name by my mother. Father passed away unaware of policy. Siblings NOT named on policy only father. 5 siblings tried to cash but insurance company needs admin papers for father's estate. Once admin is granted can the siblings cash and share the insurance policy? Or once it is cashed does it become part of the estate being foreclosed on? Is it legal for siblings, acting as admin, to cash the policy and not have it go towards the estate (foreclosure, back taxes, debt, etc.)? Also: as admin, what are we responsible for? Do we have to pay back taxes on property? Is it easier to let it go to the bank? Can we let it go to the bank and THEN afterwards claim the insurance policy, without it being connected to father's estate which was foreclosed on and taken by bank? I know it's a lot to digest! Thorough and thoughtful answers would be appreciated!!! Thanks in advance!!
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Sturgis
 
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Reply Thu 31 Aug, 2017 03:30 pm
@jsmoove2439,
A) You need a probate lawyer.

B) contact the New York State Department of Insurance. (Which is now part of the Department of Financial Services)

C) Under normal circumstances, the proceeds of an insurance policy do not become part of the estate. There are however times when it is added in. (again, you need a probate lawyer)


Since the policy was left to your father, it is more likely the proceeds will be added to the estate. His not knowing about it, doesn't alter this fact.

Whoever is taking on the responsibilities as executor of your father's estate, will be best served by a probate lawyer.
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