Q: My mother, executor of dad’s estate- will dated 1990. Is fighting hospital charge told can’t because will could change
She had contacted a Florida lawyer years ago to see if the will written in NY was vAlid in FL and was told it was. Does not have any money to bring it to probate. Is the insurance company right that they can’t accept the will. What else would she be able to do?
A: It sounds like your father recently passed away in FL and your mother may be fighting paying the hospital bills. If that is the case, I am sorry for your loss. If I understand your question, you are asking whether the insurance company, who advised you that the NY Will is not valid in FL or a prior attorney, who has advised that the NY Will is valid, is correct. If the NY Will is valid, it should be valid in FL. I'm not sure what type of insurance company you are referring to either. If you are trying to collect life insurance and they are telling you that they cannot accept the Will, that is correct. Life insurance is a contract and if there is no designated beneficiary, the life insurance has to be distributed through the probate process. The Will would have to be probated in FL and once it is finalized, the court will instruct the insurance company to release the proceeds. Hope that helps.
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