QUESTION

Are the proceeds from a life insurance policy considered part of the estate or subject to terms in of the will?

Asked on Mar 07th, 2017 on Wills and Probate - Washington
More details to this question:
Father left his estate to his 4 living children with specific instructions for distribution of his "entire Estate" with his eldest son as Personal Representative. Father also left a small life insurance policy naming only his 2 sons as beneficiaries. The Personal Representative is claiming that the life insurance money must be divided between all four children in the way set out for the estate. The beneficiaries believe the life insurance is not a part of the estate . The life insurance is not mentioned in the will.
Report Abuse

1 ANSWER

Maryellen Sullivan
Unless the estate itself is named as the beneficiary of a life insurance policy, it is not considered to be part of the probate estate and is not controlled by a Will.  Instead, a life insurance policy is like a contract between the insurer and the insured with a promise to pay a certain amount to the named beneficiary or beneficiaries when the insured dies.  Even if the Will stated that life insurance should go to someone else, it is the beneficiary designation made by the insured that controls who receives the payout, not the Will.  The confusion made be that life insurance proceeds are considered estate assets, because they were an asset of the person who died, but they are not probate assets, which are a sub-set of estate assets that are controlled by Wills.  Retirement funds, for example, are also estate assets but they are paid out to designated beneficiaries, not by Will. 
Answered on Mar 08th, 2017 at 8:54 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters