Legal Question in Wills and Trusts in California
Insurance policy willed to mother by sister-inlaw but mother dies
An insurance policy was willed to my Mother by her sister in-law; however my Mother died before her sister in-law died & the executor of the estate of the sister in-law had ask for a copy of my Mother's death certificate so I (the son) could be awarded the insurance policy. Then a few days later the executor said that the insurance policy would not go back to me since my Mother had died before the sister in-law & would go back to the estate. Is the correct? do I not get the insurance policy. Thank you.
3 Answers from Attorneys
Re: Insurance policy willed to mother by sister-inlaw but mother dies
Unless the insured expressed an intent that you benefit if you mother predeceased the insured, the policy would return to the insured's estate for distribution. For instance, if the insured stated somewhere that she wanted your mother's children to receive something from her in some way, that would be relevant. I hope this helps.
Re: Insurance policy willed to mother by sister-inlaw but mother dies
this depends upon the beneficiary designation in the life insurance contact, the ownership of the contract and the language of the will or trust. you should provide these documents to an attorney for review.
Re: Insurance policy willed to mother by sister-inlaw but mother dies
Insurance is a matter of contract between the insured and the insurance company. Therefore, whoever was designated as beneficiary, 1st alternate beneficiary, etc. will receive the proceeds. If that person pre-deceased the insured, you need to look at the policy to see if the proceeds go to the beneficiary's estate or the insured's estate.
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