QUESTION
What to do if beneficiary is deceased?
Asked on May 24th, 2013 on Estate Planning - Michigan
More details to this question:
My father had a life insurance policy on my mother. He died in 2001 and she died in 2011, and did not mention this policy. What do I need to do to clear this matter? And what process do I need to go through (step by step)?
15 ANSWERS
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Was mother a beneficiary on father's policy? If so, with no contingent beneficiaries, it would go to her estate. Whoever is executor of mother's estate would need to file a claim for the proceeds.
Answered on May 28th, 2013 at 10:53 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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You may need to open a probate estate. You need to contact an attorney who will advise you on probate and making the insurance claim.
Answered on May 27th, 2013 at 8:58 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You need to have a probate estate opened for your mother. I would strongly suggest meeting with a lawyer who can assist you in administering the estate. Otherwise, there is potential liability for you. Probate administration typically requires 20-30 hours worth of work. I have a detailed description of the process on my website.
Answered on May 27th, 2013 at 8:25 PM
Step 1: You will need to probate your mother's estate. Step 2: Contact the probate court to see if they can provide you with a packet of documents to fill out. Step 3: Be appointed as the Executor of your mother's estate and obtain the Court Order to submit to the insurance company. Step 4: in lieu of the above, contact an attorney specializing in estate administration.
Answered on May 27th, 2013 at 8:11 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Contact the insurance company. Is the policy still in force? Who do they show as the owner? If your father, then you will have to handle the probate of his estate (or alternative way to transfer the ownership of the policy to heirs). Basically, if the insurance company still has the policy in force, they are going to tell you what they need in order to pay benefits.
Answered on May 27th, 2013 at 7:56 PM
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You need to review the policy to see who the contingent Beneficary is. It may be one of their estates. You may need to open a probate estate to administer the insurance proceeds after you are appointed by court. I urge you to meet with an attorney to address the issues and strategize about the next steps.
Answered on May 27th, 2013 at 7:41 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You should obtain the services of a probate attorney to assist you in making your claim on the proceeds of life insurance that apparently became payable on the death of your mother. The question is, who are the beneficiaries on the policy, even though your mother's life was the insured, as the beneficiaries are the person to be paid. Also, you should contact the life insurance company as to the claim procedure, if you do not use an attorney to assist you.
Answered on May 24th, 2013 at 2:40 PM
What happens will be governed by the rules of the company who issued the policy. Usually, when a beneficiary has died, it goes to their estate and then to their heirs. You should start with contacting the company with proof of death and your credentials. You should then consult a probate attorney to assist you in meeting the company requirements.
Answered on May 24th, 2013 at 2:21 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Check the policy. If there is a living beneficiary the proceeds go there. If not, then the proceeds of the policy would become part of your father's estate.
Answered on May 24th, 2013 at 2:20 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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You didn't mention if the life insurance policy was kept in force (i.e., who paid the premiums or was it "paid up" or did the dividends pay? If you have the policy you need to contact the insurance company to see if there is an alternate beneficiary (other than the one who died). If there is none then the policy would go to your mother's estate but since she died in 2011 it's too late to open an estate in probate court (this has to be done within one year after death) you will have to hire a lawyer and have him/her file a determination of heirship action to ascertain who the heirs at law are. Once this is done the court will issue an order directing the insurance company to pay the proceeds to the heirs at law.
Answered on May 24th, 2013 at 2:20 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Hire a lawyer to open a probate estate for your mother so that her bills can be paid, her property collected and the remainder distributed to her heirs.
Answered on May 24th, 2013 at 2:19 PM
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Step by step would be legal advise. I suggest if you want step by step you call an attorney. You need death certificates and can call the insurance company who can better provide step by step directions without giving legal advise.
Answered on May 24th, 2013 at 1:45 PM
Bankruptcy Attorney serving Henderson, NV
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Jeffrey A. Cogan Chartered, a PLLC
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You need to see who the beneficiary is of your mother's policy. That person would get a death certificate and contact the insurance company for a claim form. Complete the form and get the check. They will need to have it notarized and probably a copy of your driver's license.
Answered on May 24th, 2013 at 1:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need do only one step, see an attorney and engage them for assistance. Each insurance company is different and without the details no one can give you step by step. You get what you pay for.
Answered on May 24th, 2013 at 1:37 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Contact the life insurance company to find out who the designated beneficiary (or beneficiaries) is. The beneficiaries then file a claim application with the company. If there was no beneficiary or the estate is designated, then you'll need either a small estate affidavit or you'll need to open a probate estate.
Answered on May 24th, 2013 at 1:37 PM