Legal Question in Wills and Trusts in Pennsylvania

If no beneficiaries are listed on a life insurance policy, the proceeds are paid to the estate of the deceased. The policy does not automatically make a payment, a claim has to be made by the estate.

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.

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I agree with Attorney Jacobson. If beneficiaries are named, then the beneficiaries make a claim and the proceeds go to directly to the beneficiary outside of probate. If no beneficiaries are named or if named but not living, then the estate makes a claim and the proceeds are paid into the estate. Which is unfortunate, because the funds then become subject to the claims of creditors or go to other administrative expenses. The net proceeds are then distributed to the beneficiaries set forth in the will, if any, or to the heirs. In your example, the proceeds would go to the children of the deceased as there was no living spouse.