Legal Question in Insurance Law in California
Beneficiary whom is Incarcerated in California
I live in Oregon. I'd like to list my brother who resides in California as my life insurance beneficiary. However, he is currently incarcerated in California. Would the State of Oregon pay death benefits to an incarcerated Californian, or would the State of California inherit these funds?
1 Answer from Attorneys
Re: Beneficiary whom is Incarcerated in California
The State of Oregon would probably have little to do with paying death benefits to anyone, since life insurance is generally a private insurance contract, not a state matter, unless perhaps if you are a state employee. In either event, who they pay should not be an issue. To be absolutely sure, check with the life insurance carrier, and then get the opinion in writing. The real issue is whether the state of California will take away the money.
You should consult a California attorney, and discuss with him or her the nature of your brother's conviction, and whether there are any requirements of restitution or payment of court-appointed lawyers as part of his sentence. I suggest you consult with a lawyer who practices primarily criminal defense in serious cases. You may also wish to consult with the lawyer who represented your brother in the matter which led to his incarceration.
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