Legal Question in Wills and Trusts in Michigan

Re: Will or beneficiary?

The general rule is that the beneficiary named in the insurance policy will receive the proceeds. Feel free to give my office a call if you would like further information. John C. Talpos (http://www.Mich-Lawyer.com)

Re: Will or beneficiary?

The beneficiary. The policy speaks the moment it is made while the will speaks at the time of death. The policy language takes precedence. The only way around it is if the will was made at a time that the will maker was mentally competent. If the policy was taken out when the person was mentally incompentent or did not understand what he was doing, then you may be able to get the policy set aside. But if you get it set aside, then maybe the entire transaction would be void and the benefits would not be paid. So it is a real problem. If you have further questions, email me at [email protected] or call me at 248-353-9400. Bill Stern

Re: Will or beneficiary?

Very simple, the beneficiary of the life insurance get the proceeds unless you can establish that when the benef form was completed the insured was coerced or did not have the capacity to sign the form.