Legal Question in Wills and Trusts in California
If a life insurance policy designates 2 of 5 children as beneficiaries but will says divide property equally, does will control or does policy control as to proceeds of policy?
2 Answers from Attorneys
The life insurance policy controls as to where and to whom the policy payout goes. Immediately upon the person's death, the insurance benefits become the property of the named benificiaries, and there is no money/asset to transfer to the estate and then the heirs as named in the estate. A Will only controls the property owned by the decedent right after death, but the insurance benefits pass immediately upon death, which is a split second earlier.
Since life insurance only becomes effective at the passing of its owner, it never actually becomes part of the estate (because it has named beneficiaries), therefore, it does not fall under the distribution of a will or a trust.