Legal Question in Wills and Trusts in New Jersey

Life Insurance Money

I have an 18 year old son and 13 year old daughter. Their father passed away last week. We were never married. My son is the beneficiary on his life insurance policy. What bills need to be paid with the insurance money if any?


Asked on 4/29/09, 1:33 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Re: Life Insurance Money

None. A life insurance policy is a contract between the insured and the beneficiary. It is not part of the estate and is paid directly to the beneficiary.

Only the estate [other assets] of the deceased are used to pay debts of the deceased.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 4/29/09, 2:23 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Life Insurance Money

Miriam is correct. Life insurance is a separate contract and unless it specified that the proceeds were to be used to pay debts, the proceeds belong to the designated beneficiary. If the estate, itself, were the beneficiary, creditors would look to it for debt repayment. This is a reply to an Internet question and the response is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 4/29/09, 4:16 pm


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