Asked in Probate

Q: Trustor (mom) gifted beneficiary(son) outside the trust instrument her property and house on it.

Fire destroyed house in November insurance sent a check to mom who was advised by estate attorney to give it to him to hold onto until a replacement home is found Mom died in March insurance proceeds were placed in estate trust and son was told he only is entitled to the vacant lot why isn’t he entitled to the insurance money to rebuild the home?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Probate Lawyer
  • Knoxville, TN

A: I am not sure of your exact factual situation, but who was the insured under the policy? If the mother, then those proceeds are probably assets of her Estate. Just because the corpus was substantially destroyed does not mean the son gets insurance proceeds if he was not the named insured. And he probably already owned the real property as the trust beneficiary, which was not an asset of the Estate.

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