If you are the named beneficiary, then you have an absolute right to these proceeds. Nothing that your sister can do as executrix can overrule this. However, you may want to send a written letter to the company reaffirming all the details and your expectations as to beneficiary of this policy.
By the way, why are you willing to allow that the bulk of the estate goes to your sister? Was there any undue influence or duress that your sister applied to your mom in drafting the will?
If any of this exists meet with an estates attorney immediately.
Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below and/or designate my answer as best answer. Thanks.
Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties. He is uuthorized to handle IRS matters throughout the United States.His phone number is 215-735-2336 or his email address is firstname.lastname@example.org , his website is www.sjfpc.com. and his blog is
Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
website is www.sjfpc.com.
There may be quite a difference between what your mother told you and what is actually in the will. I am also disturbed that your sister would do what she does, which means 1) she believes she is responsible for this even though it supposedly passes outside of the will administration; 2) on the other hand, as the other attorney posted, why are you letting her take the entire estate. Were you given any advances during your mother's lifetime? Did your sister care for your mother while she was aged or ill? I strongly advise you to discuss your options with a NYS estate attorney.
The questioner might find some of my legal guides helpful:
From my legal guides on law in general and about attorneys
Is it Legal? Is it Illegal?
Selecting and Hiring a Lawyer
Understanding the Different Court Systems
Limits on a Lawyer's License: What the Attorney Can and Cannot Do
An Introduction to Legal Terms used in Litigation
Estate Administration and Litigation (with a Will) in General and in New Jersey,
Estate Administration and Litigation (No Will) in New Jersey and in General,
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
If you are the named beneficiary on the IRA, then you are entitled to collect the proceeds. An IRA with a named beneficiary is an asset that passes outside of the estate and is not subject to the powers os the executor.Ask a similar question