I have a question. Let's say TS took out a business loan and owes $50,000 to Bank ABC. Can Bank ABC go after TS's personal or business life insurance??? Idk, can the court appoint someone to act as a trustee (anyone other than MS of course) to use her life insurance to pay off her debts?
AlwaysShocked provided some good info in post just above. Here are my thoughts, based upon some other possibilities, opns, or azz-umptions, as stated.
If Dr TS had bank loan(s) for practice, she may have gotten w her
siggie only. Or maybe bank required MS siggie too. IDK.
If she had incorporated her practice (prof corp, LLC, what-ev), she may have
signed only as principal/officer of
business entity & not personally
(unlikely imo). IDK.
Also possible - loan(s) may have been issued w
'credit life ins' policy on Dr TS's life, for amt of loan, so Dr TS signed ins co form designating bank/lender as beneficiary and paid 'credit life ins' premiums 'built in' to loan payments----
----so in event of her death, ins co wd pay death benefit directly to
bank as named beneficiary to cover unpaid balance. Which, as it turns out here, occurred before she had
(hypo'ly) entirely repaid the
(hypo) loan(s). IDK.
If before her death, she had
repaid (hypo)loan entirely, per credit life ins policy & loan terms, death benefit $ of policy would have declined to zero $, so ins co would not pay $ to named bank/lender or to anyone else benef. No death benefit $ remaining. IDK.
Possible - she
pledged other assets (unknown to us) to
secure loan(s). Possible she had other assets, property, accounts that she could have used as
collateral. If so, bank/lender would
(likely, imo) have had approp doc's allowing them to take title to collateral to satisfy the unpaid balance, in event of
default on loan(s) or on her death. IDK.
Possible - bank requested Dr TS on
existing LI policies when loan was made to
name bank as benef. Dr TS may have signed LI co forms to designate bank/lender as benef. IDK.
Hoping W/S
bus. loan officers will chime in to clarify or correct ^. Pls & thx in adv.
But in brief,
agreeing w AlwaysShocked - Bank/lender as
(unsecured) creditor "going after" LI policy naming MS or Dau's as benef's is up the creek. If bank/lender did not take approp steps to reduce its risk, it may not be repaid and may have uncollectible loan account.*
Seems Dr TS was a wonderful physician, mother, and person. Sad, sad, sad, that she met her end this way.
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* http://www.investopedia.com/terms/a/accounts-uncollectible.asp
"Loans, receivables or other debts that have virtually no chance of being paid. An account may become uncollectible for many reasons, including the debtor's bankruptcy, an inability to find the debtor, lack of proper documentation, etc."