Is life insurance considered part of an estate?

Question

Is life insurance considered part of an estate?

Follow

Share

My husbands mother passed away with credit card bills left to pay. She has a small life insurance policy of $15,000. That will be enough to take care of the funeral expenses.

Financial Planning

This question has been closed for answers. Ask a New Question.

17 Answers

Most
Helpful Newest
First Oldest
First

Why not just have a Cremation? When the Resurrection comes we get a new body.So why all the expense of a funeral?

Helpful Answer (2)

Report

Yes. It is considered part of the estate, however if it is left or payable to a particular beneficiary, then it gets distributed to them -- not collectively split with remainder of the estate.

An estate attorney will help you sort thru the particulars and settle outstanding debts prior to distribution of the remaining property.

I don't think you can collect the life insurance and then not settle unpAid debts.

Helpful Answer (1)

Report

They can be considered "part of your estate" for estate tax purposes only. It is NOT considered part of your estate to settle bills and the will does not control how it's paid out.

Helpful Answer (1)

Report

My husband is an attorney and he said it depends the state.

Helpful Answer (1)

Report

In massachusetts it is considered a asset. I had to turn it over to the funeral home but I am still responsible to pay the premiums on it out of my pocket. I am not allowed to use her money to pay for it. She is in the process of applying for Medicaid. Best of luck to you!!!

Helpful Answer (1)

Report

My son was in a nursing home on medicaid. The cash-in value of his $50,000. life insurance policy was less than the $2,000 in assets allowed by medicaid. When the cash value accumulated to more than $2,000 I would withdraw the excess and take him on a mini trip somewhere. At the time of his death the policy, with me as his beneficiary, was not part of his estate and I did not have to pay taxes on it.

Helpful Answer (1)

Report

One must be careful with life insurance, it must be reviewed on a regular basis.
Mnb203 this is correct in most states. It is an asset when applying for assistance such as Medicaid. After death, it is not an asset to the estate except for Estate Tax purposes as Maggie states. It is not part of the Estate unless there is no living Beneficiary named, or the Estate is named the Beneficiary. Also the Will, as some seem to think, does not control the disposition of the Insurance Proceeds, the named Beneficiary gets the money, that is good reason to make sure the Beneficiary is updated. In Maryland a divorce will negate the divorced spouse as beneficiary and unless the Beneficiary is not changed the Estate will become the Beneficiary.

Helpful Answer (0)

Report

I know that life insurance in our state is not considered part of an estate for tax purposes unless it brings the estate over the dollar limit for estate inheritance. My dad passed in FL and left behind a $50k life insurance policy to my mother and she did not pay any taxes. In NH my father in law has numerous large dollar amount policies...some left to his spouse, his children and his business to secure finances for his children's inheritance taxes on inheriting the business, homes, etc. We have been told by our attorneys numerous times that we will not pay taxes on any of these policies...including those benefiting the business......with an exception. As far as I know the beneficiaries receive the money and it's done...no real estate ties.....unless they inherit more than the $1 or $2 million dollar allotment (this has changed in the last few years so I'm unsure of the amount now).. Then they would have to pay taxes on the amount over that allotment..... But definitely seek out a reliable attorney's input....because it could be different in different states.

Helpful Answer (0)

Report

I agree, it is part but separate. Both my parents passed recently, and my mom was spiteful to the end; had her Will re-written to cut me out except for $10. The whole process cost more to an attorney to make a very clear point, as if I didn't get that while she was alive, the she was spiteful and as in previous discussions, wanted power to the end. She had done this with my kids supposedly untouchable college funds and other things as well in life. There was, however, an insurance policy my dad left for my brother and I, and she either didn't know or didn't touch that. It took months to settle separately, but my understanding is they are usually quicker. In my husband's case, he lived with a lady and was a caretaker. At the funeral home, they found out that he, not the relatives, was the beneficiary. He then paid the funeral costs from that, but I get the impression that is more etiquette rather than obligation. The family was there making the arrangements for an expensive funeral, so technically he was not obliged to since the brother was in charge, but he did pay and that check arrived quickly in that case.

Helpful Answer (0)

Report

BTW, a funeral home can be assigned as the life insurance beneficiary. Unfortunately, most states do not require funeral homes to return any left over money after the funeral expenses are covered.

Cemetery expenses: plot, the opening of the plot, graveling, and headstone are not part of the funeral home’s expenses. So be careful.

Also, if your parent was on Medicaid and an individual is the beneficiary of the life insurance policy they will get a bill from medicaid for the full amount of the policy pay out and have to pay it back as it is considered a gift.

Talk to a lawyer.

Is life insurance considered part of an estate?

17 Answers

Recent Questions

Popular Questions

Related Questions