Q: In NYS can the bank or creditors take a life insurance policy? House is in foreclosure process.
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!!
A: No quick answer to these questions since more information is needed and some things simply won't be known. I am happy to assist and advise, but will charge a fee (reasonable). Please email me if you wish to discuss further.
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