Legal Question in Wills and Trusts in Pennsylvania

Wha% takes precedence: the beneficiary of a life insurance policy, or the beneficiary of the will, if these are not the same?


Asked on 8/16/16, 6:35 am

2 Answers from Attorneys

Your question is unclear. Neither takes "precedence." Both are given the same priority and enforced. Things like life insurance, if properly set up, is a non-probate asset. Wills govern probate assets only. The life insurance proceeds pass to the designated named beneficiary listed on the beneficiary form. If the named beneficiary is deceased, then to the backup or contingent beneficiary listed. Only in the event that there are no named living beneficiaries do the insurance proceeds pass to the decedent's estate. if that happens, the proceeds are then distributed as per the will if, if any, or to the heirs under the intestacy law.

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Answered on 8/16/16, 7:09 am
Greg Artim Morrow & Artim, P.C.

The beneficiary of the life insurance policy will receive the funds. Any policy that has a beneficiary will take precedence over a Will.

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Answered on 8/17/16, 5:00 am


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