Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Can my creditors go after the proceeds of a life insurance payout I disclaimed?

Posted on Tue Jul 21, 2015, on Estate Planning

From our “Ask a Question” Mailbag: Bucks County Disclaimed Life Insurance and Creditor Claims

Most Recently Updated July 18, 2018. 

“Last year, my mother died in Bucks County and named me as beneficiary of her life insurance. As my children were the contingent beneficiaries, I decided to disclaim the inheritance, so the insurance money passed to my children. I was recently in a car accident. If I am sued can they claim that life insurance money?”

Bucks County Disclaimed Life Insurance and Creditor Claims

Bucks County Disclaimed Life Insurance and Creditor Claims

No one can force you to take an inheritance.

If you properly disclaimed your interest in the life insurance, then you never received it. If you never received it, then any future creditor that you may have cannot claim the asset. From your description of the facts, your car accident came after the disclaimer. If so, and if you properly disclaimed, the plaintiff cannot reach the insurance proceeds.

More Planning Questions?

Disclaimers and creditor claims is only a piece of the Estate Planning process. By all means, if you want to learn more, please read my more detailed article, Estate Planning Everything You Need to Know.

In Conclusion: Bucks County Disclaimed Life Insurance and Creditor Claims

I hope that this article was helpful in explaining creditor claims. Further, I included links to even more detailed information on my website so you can learn more. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Estate Planning lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced estate planning lawyers.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

 

Tags:

Bucks County, creditor claims, Estate Planning, Estate Planning Attorney, Estate Planning Lawyer, Life Insurance, Pennsylvania

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

Var IAMPhilly

Overall I great experience with Daniella and the rest of her team to work with me for my fathers estate. Never was an issue that couldn’t be fixed. I highly recommend klenk Law firm.

Klenk Law Logo
Stars

Javier Suarez

The whole process of ensuring that I can provide my mother her wishes upon her death, was made easy by working with the team at Klenk Law. I received my documents quickly and properly.

Klenk Law Logo
Stars

Marilyn Dolgoff

I worked with Daniella to settle my father’s estate. She was kind, efficient, knowledgeable, and made the entire process seamless. I highly recommend working with Daniella.

Klenk Law Logo
Stars

hinda schuman

very happy to deal with Peter Klenk law firm over many decades

Klenk Law Logo
Stars

Tina Krovetz

Fantastically easy and efficient team to work with getting our wills done. We will use Klenk again in the years to come. I highly recommend Peter Klenk.

Let us put our expertise to work for you.

Free consultation within 24 hours.