Q: Mother left insurance to deceased father. 5 siblings and no admin named due to in-fighting.
Just received admin citation from court to have one of the siblings be named as admin or a public admin to be named instead. House is in foreclosure and none of the siblings can pay back payments. We will let it go. However, there is a Metlife policy. Metlife says the money will go to father's estate. I am out of state military. One of the less trustworthy siblings lives near the court. If they were to be named the admin by the court because I could not make the hearing, will they be able to keep the entire life insurance benefits? Metlife says they just need someone named as an admin on paper and they will pay to that person. I fear they will take that lump sum and cut the other 4 siblings out of the money. I believe it should be split 5 ways. Any thoughts? Is it legal for her to take all of the insurance money woithout equally dividing it? Can she be sued if she does? **Even if in foreclosure the insurance goes to the heirs? Policy only in fathers name
A: Do not do Public Administrator. Have yourself named co-Administrator. While illegal to steal the money, what are you going to do about it if they do?
Barry E. Janay agrees with this answer
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A: The administrator would have a fiduciary obligation to dispose of the assets (policy benefit) to the heirs. Failure to do so means a claim can be made (lawsuit) against him for breach of fiduciary duty / obligation. Your inability to appear may be excused as a result of the soldier and sailor relief act, but don't bet on that. Best to get an attorney (preferably one as handsome and intelligent as me, but that's hard to find, j/k) to answer on your behalf and to request to be co-administrator as the other attorney had mentioned. You can also write a letter to the court, just include the case number and your request(s).
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