The Law & You

Can My Brother’s Life Insurance Policy Pay For His Funeral Expenses?

The Law & You
January 18, 2018

The Law and You

Can My Brother’s Life Insurance Policy Pay For His Funeral Expenses?

Fellerman & Ciarimboli estate planning attorneys Greg Fellerman and Ed Ciarimboli tackle a question about whether the executor of a will can be reimbursed for funeral expenses using the deceased’s insurance policy. For a complete answer to any estate planning questions, it’s best to speak with an attorney in person.

Dave Kuharchik: It’s time, once again, for “The Law & You.” Featuring the area’s premier attorneys Greg Fellerman and Ed Ciarimboli. They usually pay me an extra twenty bucks when I say that.

Ed Ciarimboli: Hey, you look terrific today.

Dave: Thank you, you know it’s a Thanks giving night special deal, but the suit’s pretty incredible. It feels comfortable.

Ed: You look like a million bucks.

Dave: Thanks, guys. Our question tonight, we’ll get to it, it’s from Rebecca in Bloomsburg. It’s a long one so, she said, “Recently my husband found out that he is the only living beneficiary of his brother’s life insurance. The executor of the will has asked us and has also called the life insurance company and asked if the money could go to him to help pay the funeral bill he paid out of his personal savings. What are my husband’s legal rights concerning the payout of this life insurance policy?”

Ed: Okay, so, in the question, did the husband pay the funeral bill?

Dave: The husband paid the funeral bill out of his own pocket, he’s not-

Ed: That’s easy. The life insurance policy can go to repay the husband for what he paid for the funeral bill; That’s ability of state if he paid it. The life insurance, if he’s the only beneficiary, then they’re going to go to him anyways, especially if there’s no will. I think that your husband’s rights to the money are pretty solid there.

Dave: Looking at this again, I think it said the executor paid the funeral bill. So the husband wants to be reimbursed for that, so it’s the other way around.

Ed: I’m not sure then. I mean, the executor would be paying it on behalf of the estate, but the beneficiary-

Dave: So the executor’s requesting the life insurance money to reimburse himself or herself for the funeral.

Ed: No, no no no no, the executor-

Greg Fellerman: The policy is the beneficiary is entitled to the money regardless of the estate. Because he’s named -it’s a contract. The contract names him, so the executor has to collect from other means, not necessarily the insurance policy.

Ed: That passes outside of the estate.

Dave: This is why you need to sit down with an attorney for something like this.

Ed: Absolutely, absolutely.

Dave: We’re trying to do this on the fly here.

Ed: This is what happens.

Dave: You’ve got to lay the question out. Look at it from all sides. If you do need legal advice or a referral, the guys will hook you up by giving them a call or, of course, checking them out online. Don’t forget, results matter with attorneys Greg Fellerman and Ed Ciarimboli. We’ll see you next time.

Ed: Thanks Dave.

Greg: Same.

Dave: pahomepage.com and “The Law & You” hotline are there for you.

 

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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