QUESTION

When the beneficiary and the executor both pass away, does the unclaimed life insurance stay in the wife's estate or does it go back to the father’s?

Asked on Nov 11th, 2013 on Estate Planning - North Carolina
More details to this question:
Father had a will giving estate to his wife at his time of death. In this will there was a 90 day provision stating if the executor "his wife" passed away within 90 days of his passing then the executor would become his son. The wife passed away 17 days after the father. My father had a life insurance policy that stated his wife as the beneficiary however she had passed away prior to the collection of that life insurance. Does the 90 day provision have any bearing on whether or not that life insurance money would go to the father’s estate given she passed in 17 days? Thank you and hope to hear from you soon.
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1 ANSWER

Any attorney would need to see the entire will and would have to know what state this is being probated in. However, assuming this is NC, then here is what I think would happen: Father died with a will, but the will contained a survivorship requirement such that mother would have to survive by 90 days. Since mother did not meet this requirement, mother is treated as having pre-deceased father such that mother's share of father's assets will pass to father's alternate beneficiary, i.e., his son or anyone else named as a contingent beneficiary in the father's will. Your post also indicates that the executor died. I assume that the mother was the executor and that you are referring to her. However, life insurance proceeds are a non-probate asset. Which means they do not pass via probate and are not subject to any 90-day survivorship requirement. I would need to see the beneficiary form, but my guess is that the life insurance proceeds would be payable to mother's estate and distributed as per her will or the intestacy laws. Possibly the assets would pass to a contingent beneficiary if named. It would only be in the event that mother actually died before father would the insurance benefits go to father's estate.
Answered on Nov 14th, 2013 at 4:50 AM

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