QUESTION

Are there any court decisions in California about a beneficiary dying before the insured?

Asked on Aug 27th, 2012 on Estate Planning - California
More details to this question:
There is no contingent beneficiary, and the beneficiary died without any will. Thanks!
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5 ANSWERS

Elder Law Attorney serving Hollister, CA at Charles R. Perry
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If the insured is still living, then the beneficiary's heirs likely have no rights under the policy. Among other things, the insured likely has the right to amend the beneficiary designation to name a new beneficiary. The policy itself may also state what happens if a beneficiary predeceases the insured. If the policy is silent, then when the insured passes away, the proceeds of the policy will become part of the insured's estate and will pass through the insured's will and probate.
Answered on Sep 05th, 2012 at 12:12 PM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Typically, the proceeds from the life insurance policy would be interplead into court to have an administrator of the estate, if there is an estate, with court approval, to determine who the remainder beneficiaries, ie second level down (children) of deceased brothers or sisters who would take by right of representation. Suggest you obtain the services of a probate lawyer to fully research your question.
Answered on Sep 05th, 2012 at 10:23 AM

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The insured should just name a new beneficiary. If that person is incapable of doing that, then you should consult an attorney about whether or not the person's agent or conservator can do it for them.
Answered on Sep 04th, 2012 at 8:42 PM

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If a life insurance beneficiary dies before the insured then that beneficiary receives no payment from the insurance. The insurance company would look to see if there is a contingent beneficiary listed. If not, most companies pay the insurance money to the insured's estate. If total assets exceed $150,000 then a full probate is required. If under $150,000 then a small estate affidavit procedure would work, at least in California. I hope this helps you.
Answered on Sep 04th, 2012 at 1:55 PM

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The proceeds are to be paid according to the terms of the policy. Generally, if the named beneficiary dies prior to distribution then the proceeds would be payable to the beneficiary's estate, but this should be spelled out in the policy. It is likely that a probate will need to be done on the beneficiary's estate and the representative of the estate will need to have authority granted by the court to collect the policy.
Answered on Aug 30th, 2012 at 12:01 PM

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