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CVM Law Group, LLP | Jack S. Johal
Your brother's will needs to be lodged (filed) with the Probate Court in the County in which he lived. Then, the Will needs to be probated. The beneficiary of the life insurance policy can contact the life insurance company and make application to receive the life insurance proceeds. I recommend that you retain an attorney who handles probates. The probate of a Will involves a lot of paperwork, which many people do not understand.
Answer Applies to: California
Replied: 9/21/2011
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
You really should talk to a probate attorney about this to determine if a probate needs to be opened. If your brother's only asset was the life insurance policy, then you need to determine who the beneficiary of the policy is. If it is his "estate", then a probate will need to be opened. If it is an individual who is listed as a beneficiary, then it is likely a probate will not be needed (assuming your brother's only asset is the life insurance policy).
Answer Applies to: Florida
Replied: 9/20/2011
Law Office of Matt Potempa, PLLC | Matt Potempa
Whomever was listed as Administrator or Executor under the will, if available and willing, should admit the last will and testament to the probate court in the county where your brother lived at the time of his death. Life insurance proceeds generally pass outside of probate according to whomever is listed as the beneficiary. If minor children stand to inherit money, a "Guardianship" through your local probate court will need to be established. You should consult with an experienced probate attorney.
Answer Applies to: Tennessee
Replied: 9/20/2011
Ashman Law Office | Glen Edward Ashman
Whomever is the executor of the will needs to get a lawyer.
Answer Applies to: Georgia
Replied: 9/20/2011
Burnham & Associates | Stephanie K. Burnham
There is no real requirement for a formal reading of the Will, unless the family would like to have it. Setting up trust funds for minor children will depend on how the assets are passing. If you have been made the beneficiary of the life insurance policy for the purpose of giving it to the children, you can either open bank or mutual fund accounts, placing the assets in there and making the children the beneficiaries of those accounts. You also consider a more formal arrangement. Please speak with an Estate Planning attorney to discuss your options and responsibilities to ensure you do not overlook anything.
Answer Applies to: New Hampshire
Replied: 9/20/2011
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
The will may need to be probated depending on what assets there are. There's no more "reading of the will" per se. The trust funds, if they're ordered by the will, will be set up as part of the probate process.
Answer Applies to: Oregon
Replied: 9/19/2011
Harville-Stein Law Offices, LLC | Dean D. Stein
First, you need to determine if there is any reason to probate the Will. If all assets pass by beneficiary designation,probating the Will may not be necessary.If the children are minors, you will likely need to set up Conservatorships, if the Will is not probated andtheinsurance proceeds and other assets arecollected up withoutProbate. You need to consult an attorney familiar with probate with all the facts of this case, to know how to proceed.
Answer Applies to: Alabama
Replied: 9/19/2011
Law Office of Richard B. Kell | Richard B. Kell
I am sorry to hear about your brother's passing. You will need to retain a Probate and Estate Planning Attorney as soon as possible to start the Probate process with the court and to set up a trust for any minor/disabled children.
Answer Applies to: Massachusetts
Replied: 9/19/2011
Goldsmith & Guymon | Dara Goldsmith
It sounds like you need to have everything reviewed by an attorney so your next steps may be determined. There is no requirement for a Will reading in Nevada but the Will does need to be lodged with the clerk of the court.
Answer Applies to: Nevada
Replied: 9/19/2011
The Law Office of David J. Reed, LLC | David J. Reed
The best thing for you to do is hire an attorney to set up the trust accounts and assure proper execution of the will. However, you may execute the will by using the document to conduct any business that is necessary, with a proper death certificate.
Answer Applies to: Nebraska
Replied: 9/19/2011
The Schreiber Law Firm | Jeffrey D. Schreiber
If he left a will, then his wishes as stated in the will control, despite whatever you want to do. So yes, the will should be read to see if he left money for a trust fund or something else. The insurance company should be notified so the appropriate forms can be filled out to have the proceeds paid to the beneficiary. The life insurance company will require a certified copy of the death certificate. The life insurance proceeds are paid to whoever is listed in the policy as the beneficiary. Unless his estate was named as the beneficiary, the life insurance is not part of his estate and therefore payment is not controlled by the terms of the will and will be paid to the named beneficiary.
Answer Applies to: California
Replied: 9/19/2011
Paul Nidich, Attorney at law | Paul Nidich
You need to find a probate attorney to help you. The Will needs to be filed with Probate Court and an Estate opened. The Will sets out who will be the Executor. It also sets out the beneficiaries of your brother's estate. Trusts are legal documents and can only be drafted by practicing attorneys. The probate attorney can help with the life insurance.
Answer Applies to: Ohio
Replied: 9/19/2011
The Coyle Law Office | T. Andrew Coyle
The will should be filed with the clerk of the court in the county where the decedent lived at the time he passed. As to setting up the trust funds and dealing with other issues in the will, I would recommend meeting with an estate attorney who can at least run through the basics for you.
Answer Applies to: Illinois
Replied: 9/19/2011
