Legal Question in Wills and Trusts in California

Mother died and left will that says that all of her estate is to go into her trust. Does a life insurance policy, which has the beneficiaries listed, have to be first delivered to the trust, or can the beneficiaries receive a check from the insurance company directly?


Asked on 1/08/13, 2:29 pm

3 Answers from Attorneys

Thomas Reid The Law Office of Thomas D. Reid, APC

A life insurance policy has a beneficiary designation on it listing a beneficiary or beneficiaries to whom it should be paid. The policy itself should control the distribution. The Will you mentioned seems to be a pourover will and pours over any assets not titled in the name of the Trust. If you have any further questions, you may wish to seek out an estate planning attorney to receive some guidance regarding administration.

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Answered on 1/08/13, 2:41 pm
Robert Kubler The Kubler Law Firm

Does a life insurance policy, which has the beneficiaries listed, have to be first delivered to the trust. (NO)

The beneficiaries ought to be paid from the insurance company directly because the policy is not part of the estate.

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Answered on 1/08/13, 2:48 pm

The question is beneficiaries of what? As earlier answers have touched on - insurance policies have beneficiaries, but so do trusts. The insurance is definitely independent of the will unless for some reason someone made a pointless move and named the estate the beneficiary of the insurance. It is not uncommon, however, for the trust to be named the beneficiary of the insurance policy and then the beneficiaries of the trust receive shares of it in accordance with the trust. In other cases, however, individual beneficiaries are named to receive the insurance proceeds directly. In that case the insurance company should pay out on the policy to the people named to receive it, without the trust or trustee having anything to do with it.

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Answered on 1/09/13, 12:40 pm


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