QUESTION

Who's entitled to the life insurance

Asked on Mar 21st, 2017 on Wills and Probate - New York
More details to this question:
My mother just passed this weekend, just found out her roommate is the benefactor but before she pass I made a video of her asking that if she wanted me to be responsible for making arrangements and if she also wanted me to be responsible for her life insurance if she had one..She stated yes to all questions and she was able to say who she was and who I was.So who's entitled
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2 ANSWERS

Estate Planning Attorney serving New York, NY
1 Award
The roommate.  There is no issue.  The papers filed with the insurance company govern.
Answered on Mar 28th, 2017 at 3:53 PM

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Maryellen Sullivan
I'm sorry for your loss.  If your mother named her roommate as the beneficiary of a life insurance policy, the insurer will send pay out to that person.  It is treated like a contract:  your mother made payments to the insurer in return for its promise to pay the person that she named as a beneficiary.  She would have had to fill out and sign a new beneficiary form naming you in order to enable you to collect the money instead.  You could try showing the video to the roommate to demonstrate that your mother wanted you to have the money and see if the roommate would give some or all of the insurance money to you, but I can't imagine that a video you made asking your mother questions would have any legal validity. 
Answered on Mar 21st, 2017 at 9:24 AM

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