If the beneficiary of a life insurance policy dies before making a claim, does the beneficiary of the beneficiary have a right to claim the policy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If the beneficiary of a life insurance policy dies before making a claim, does the beneficiary of the beneficiary have a right to claim the policy?
My brother had a life insurance policy naming my mother as the beneficiary. My mother survived my brother, but never made a claim on the policy. My mother died 3 years ago. I recently found the letter informing her of the policy and her status as beneficiary. There is no one besides myself eligible to take from my brother or my mother under intestacy. I am the sole beneficiary of my mother’s estate. Can I make a claim on the policy?
Asked on December 7, 2011 under Insurance Law, South Carolina
Answers:
Sharon Siegel / Siegel & Siegel, P.C.
Answered 13 years ago | Contributor
Your mother's estate would need to be the one to make a claim since your mother survived. You need to become appointed as administrator or executor of your mother's estate so that you can act on behelf of the estate. The check will be made payable to the estate. Then, you as beneficiary will claim the proceeds. www.siegelandsiegel.com 212-721-5300
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.