Who gets life insurance proceeds if the beneficiary of a policy dies?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who gets life insurance proceeds if the beneficiary of a policy dies?
My father passed away last month. My brother and I were contacted by the life insurance company to fill out survivorship paperwork as his beneficiary passed as well. The beneficiary’s wife is setting up an estate. Isn’t this my and my brothers responsibility? How do we stop this?
Asked on November 8, 2017 under Estate Planning, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the named beneficiary passes away, the life insurance proceeds go to the insured's "estate" and are distibuted as part of it--it does not go to the beneficiary's estate, unless the beneficiary passed away after the insured (your father) did. If the beneficiary died first (pre-deceased) the insured, it becomes part of the insured (your father's) estate and will go to the insured's heirs (presumably, you and your brother). Your father's estate should be set up and administered by his executor, if he he had will naming an executor; or by his court appointed administrator or personal representative (either term may be used), who generally is next of kin (or one of those who are next of kin) to the deceased. If you and yoru brother are next of kin, contact the probate court in the county in which your father lived for instructions on having someone (one of you) appointed administrator.
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.