QUESTION
What over rides the other legally
Asked on Jul 18th, 2013 on Estate Litigation - New Hampshire
More details to this question:
I was named as Life Ins Primary Beneficiary. The Will gives all
residual Estate to Will executors and they say they are entitled
to life ins monies because they are executors and I was
disowned from deceased Will. We will soon be in an Interpleader
case. I have seen on Insurance comp websites as well
as on numerous Attorney websites that a Life Ins
Beneficiary Designations overrides a Will. The Executors
have a lawyer and I am pro se. If this is so cut and dry
according to my research why is their lawyer fighting.
What law, citation, case or what can I use other
than just my Internet searches to prove my case.
Thanks
-J-
1 ANSWER
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1 Award
Insurance proceeds pass in acccordance with the beneficiary designation made under the policy and filed with the insurance company. Unless the policy is payable by its terms to the estate (i.e., the policy names the "estate" as the beneficiary), the proceeds are not part of the probate estate and do not pass under the will. Thus, the executors have no claim on them. There is nothing for you to do except collect the proceds from the insurance carrier -- you deal with the insurance company, not the executors or their attorney.
Answered on Jul 18th, 2013 at 3:04 PM