Legal Question in Wills and Trusts in North Carolina
My father died without a will. He left one of his children the beneficiary of his life insurance policy. Are they required by law to divide the proceeds with another child?
1 Answer from Attorneys
Nope. If one child was named beneficiary solely then that child gets the money and can do whatever he or she wants to do with it. Your father should not have engaged in poor man's estate planning and should have thought about this. If your father wanted to benefit all of his children or heirs with the life insurance money then he should have made them all beneficiaries or created a trust or not named any beneficiary and let the money be paid into his probate estate. He did not do either. In that case, the money from the life insurance is a non-probate asset and since a beneficiary is designated the money goes to the named person.