Legal Question in Wills and Trusts in Florida
If a life insurance policy was taken out on a man living in Florida, naming the wife the benificiary, and the wife dies before the insured, 1) do the children recieve the benifit? and 2) do the spouses of deceased children recieve any benifit?
4 Answers from Attorneys
It is completely a contract issue. If the contract does not specify were it should go, it would pass through probate, in that case it will go to the man's heirs.
It will go to the estate of the beneficiary (in this case, the wife's). It will then pass to the wife's heirs (i.e. her spouses/children).
It depends if the husband is still alive, and reserved the right to change the beneficiary. If so, then he can change it.
Assuming that the beneficiary can not be changed by the owner of the policy, then you need to look at the terms of the policy. If the policy is silent, then it would probably go to the wife's estate, and subject to her Will or Intestate Laws of her state.
Harmon's answer is correct. The other two do not appear to know what they are talking about, especially Williams. If there is no live named beneficiary, the proceeds should pass into the deceased man's probate estate, passing to his heirs, or to the beneficiaries if he has a valid will. The spouses have no interest either way, although children of a deceased heir may.
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