Toms River, NJ asked in Estate Planning and Probate for New Jersey

Q: If an insurance policy check is put into an estate account does that make it part of the estate?

I am the executor of my mother’s estate. My sister received a life insurance check because she was the beneficiary. We both knew that this was for funeral expenses so she asked me what account to put it in and I told and she put in the estate account. Now she wants to check back. Is this check now part of the estate or is she entitled to a refund

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1 Lawyer Answer
Jay Schmerler
Jay Schmerler
  • Estate Planning Lawyer
  • Eatontown, NJ
  • Licensed in New Jersey

A: If the insurance check is related to a policy refund or some claim made by or for the decedent, then those funds are part of the estate. It should be deposited into the estate account and can then be used for any estate expenses. I don't understand why your sister "wants it back". If it was your sister's insurance policy, then it was likely a short term loan to pay the funeral expenses.

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