Q: Brother passed, no life insurance beneficiary, lawyer insists on court. Why?
My brother passed away last year, and he had no beneficiary listed on his life insurance, so it goes to the next of kin, which would be me and my two brothers. He had no children and was never married. I hired a lawyer to help me obtain a letter of appointment, which I have received. However, my lawyer says I still need him to go through court, or he’ll file a motion to dismiss. What does this mean, and why can't we just split the money and move on, especially since my siblings and I are in agreement about the distribution?
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- Rhode Island
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A: When a life insurance policy has no beneficiary designation the terms of the policy will often require that the proceeds of the life insurance go through probate court. In probate court it is required for the person appointed (the probate administrator) to notify heirs at law and any potential creditors including the State of Rhode Island, to pay debts and expenses of the estate including the lawyer, and to close the estate by giving the court an account of the money in, money out, amounts to be distributed to the heirs at law. Usually the heirs at law and any creditors sign releases so that the court knows that everyone is in agreement. Also the paid funeral bill must be filed with the court so that the court knows that the funeral home did not go unpaid. There are additional steps in a case where there is real estate. The estate must stay open for at least six months following the date of the first publication in the newspaper of your appointment as administrator so that any creditors can come forward, and after that the estate can close and the money can be distributed. Probably that is the reason for the delay. I suggest that you give your lawyer a call or send and email about this in order to have clear communication.
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