Legal Question in Wills and Trusts in Illinois

First, make sure you actually see the beneficiary designation form. It is very unusual to name parents as beneficiary of a life insurance policy. This is because parents of the insured are likely to die first. If the parents really are the beneficiary then check out if your father named a contingent beneficiary. If none, the terms of the policy control. It will state who the benefits are payable to when there is no named beneficiary. Also, read the small print on the beneficiary designation form itself. Sometimes it has language regarding who takes if the primary beneficiary is deceased. I'd be happy to look at it for you. For example if the form names the primary beneficiary thus: "My parents, John and Mary Sample, per stirpes" then you would be entitled to share in the death benefit. The "per stirpes" designation means (roughly) it goes to his parent's descendants. The more I write the more I think you really need to have a lawyer give the beneficiary designation form a careful look. See my website: www.legacylaws.com.