[deville p]

My 5 year old son mom died. She had a will and left everything to her 2 kids. She left her brother in charge of setting up trust funds accounts. Her brother was beneficiary of the life insurance policy. Can the brother go against the will and keep all the insurance money? She was married and her husband was beneficial on two other policys. I'm in la.

[AK lawyer]

If the brother was the beneficiary of a policy, it doesn't pass according to the will; It is his.

If there are two other policies of which the husband of the decedent (your son's mother) was the beneficiary, this money would likewise go to the husband.

So, from what you say, it looks like the three life insurance policies do not pass under the will, and the proceeds do not go into a trust as contemplated by the will.

[Fr_Chuck]

Money from a life insurance policy pays to the beneficiary, they are free to keep and do what they want with the money.

The money for the kids, will come from her estate, had she wanted the life insurance company to go to the kids, they should have been named, or even the estate named.

I agree with AK, it appears, if they wanted the money to go to trust, they did it totally wrong. The only money going to the trust is what goes to the esate

[deville p]

I understand let me review the will and life insurance policy. I also have a Lawer looking into everything. Thanks

[AK lawyer]

Your lawyer might want to consider a "constuctive trust" theory.

[deville p]

The will was wrote before she was married but it clearly says children get everything. She was married for 7 months. Is the will voided because she got married. They did not buy much while married. It don't say specifically what to do with life insurance so I guess the brother is free to go.

[deville p]

Constructive trust?

[cdad]

The will was wrote before she was married but it clearly says children get everything. She was married for 7 months. Is the will voided because she got married. They did not buy much while married. It don't say specifically what to do with life insurance so I guess the brother is free to go.

Voided no. But the term "everything" is so broad that it will be refined by state law as to who gets what. Example: In a community property state she is not entitled to give away the husbands portion of the estate she can only affect what is hers.

[AK lawyer]

Yep. constructive trust. Or resulting trust

Your lawyer should know what that is.

[deville p]

Thanks, I might have more questions in a couple weeks

[ScottGem]

A will distributes all the property in the decedent's estate. Life insurance left to a beneficiary is not part of the estate. Therefore the life insurance proceeds go to the beneficiary's not the estate. Unless the will specifically mentions the policies and instructs what is to be done with them, the beneficiaries can do with them as they please.

[deville p]

What happens to hospital bills after health insurance pays their portion? The total of hospital bills is 2 million. Who do they Sue since she is dead?

[ScottGem]

They sue the estate. If the estate has no funds to pay, then the bills don't get paid.