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    bemya's Avatar
    bemya Posts: 2, Reputation: 1
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    #1

    Sep 9, 2007, 06:43 PM
    Probate And The Executor of an Estate
    My deceased husband appointed his daughter executor of his estate, which consisted of property, as well as insurance policies designating me as beneficiary. Also, there was a trust fund that was due me at my attainment of a certain age. I relinquished all policies and documentation to my deceased husband's attorney so that he could enter this information into the probate procedure. What can I do to help close this probate? I can't contact my deceased husband's attorney, because I'm not his client. Also, is there a chance that these funds and property or being, or have been siphoned off. I attained the designated age in March to receive my trust fund. What do you do in a situation like this.
    From Florida.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Sep 9, 2007, 06:54 PM
    Any insurance policies that designate a beneficiary are NOT part of the estate. They go directly to the beneficiary. The trust fund is also not part of the estate. You've been getting some bad advice and may need to contact your own lawyer.

    As for the insurance policies, just contact the carriers, they should pay you immediately upon receipt of a death certificate.

    As for the trust, contact the administrator of the trust. As soon as you became eligible for the trust they should have paid it.

    The more I think about it you may really need your own lawyer. Your husband's atty shoyuld not have taken the policies, he should have informed you they were not part of the estate. How long ago did your husband die?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Sep 9, 2007, 06:54 PM
    First NO, life insurance naming you as the beneficiry is not part of the estate and the executor has nothing to do with it what so ever. You get those checks direct.

    And of course you can contact your late husbands attorney, he is dead.

    Next a named trust fund is not part of the estate either.

    You need to hire an attorney to work for you, someone is lying and cheating you if they took these things.
    bemya's Avatar
    bemya Posts: 2, Reputation: 1
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    #4

    Sep 9, 2007, 11:37 PM
    Quote Originally Posted by ScottGem
    Any insurance policies that designate a beneficiary are NOT part of the estate. They go directly to the beneficiary. The trust fund is also not part of the estate. You've been getting some bad advice and may need to contact your own lawyer.

    As for the insurance policies, just contact the carriers, they should pay you immediately upon receipt of a death certificate.

    As for the trust, contact the administrator of the trust. As soon as you became eligible for the trust they should have paid it.

    The more I think about it you may really need your own lawyer. Your husband's atty shoyuld not have taken the policies, he should have informed you they were not part of the estate. How long ago did your husband die?
    He died in 2002.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Sep 10, 2007, 06:05 AM
    He died in 2002 and you still haven't gotten the proceeds of the insurance policies??

    I'm sorry lady, but you have been taken! You need to get an attorney TODAY! Someone is cheating you. I don't know who and I'm not sure how. But it appears to be happening. Did you ever sign a Power of Attorney?
    The insurance company was required to issue checks to the beneficiary of the policy. So they should not have been able to be cashed unless they had your POA.

    The trust administrator has a fiduciary responsibility to adminster the terms of the trust. Why they have not done so I don't know. But I do know that the insurance and trust are not part of the estate and should have been paid out to you shortly after his death for the insurance and as soon as the trust said it should.

    Again, I would be contacting my own attorney TODAY to go after these thieves.

    Keep us posted on what you find out.
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