Las Vegas, NV asked in Probate for Arizona

Q: I was a beneficiary of life insurance policy in will mom wants money go towards buy house form bank do I have to

My understanding is that she can't will something she never had

Related Topics:
2 Lawyer Answers
Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in Arizona

A: If you are the named beneficiary of the life insurance policy, as reflected on the records of the life insurance company, then no, you are the sole owner of the proceeds and you can do with them as you wish. This is also true if the owner's estate was the beneficiary of the life insurance policy and the owner died and his or her will either specifically directed the life insurance proceeds to you or you received a portion of the estate that was funded with the life insurance proceeds. Your facts are ambiguous on this.

Andre L. Pennington
PREMIUM
Andre L. Pennington
Answered
  • Probate Lawyer
  • Surprise, AZ
  • Licensed in Arizona

A: If the Estate is the beneficiary of the policy, it goes to the estate and distributed in accordance therein. If you were the beneficiary, it would go directly to you and is your money. A qualified probate attorney once having all the facts can answer this question for you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.