Legal Question in Insurance Law in Washington

Life insurance benificiary

The life insurance benificiary died one month after the insured died (who died without a will), but made no claim on the benifit. Does the estate of the insured have any claim on the benifit, or does it go to the benificiary's estate?


Asked on 8/29/07, 9:11 pm

1 Answer from Attorneys

Sam Hochberg Sam Hochberg & Associates

Re: Life insurance benificiary

"Off the cuff," I'd suggest you first look to the insurance contract itself, and see whether the designation is to the beneficiary him or herself, or whether there is also language indicating that the policy could also be payable to the beneficiary's "heirs or devisees," in case the beneficiary dies. Ordinarily, there is a fall-back or "alternate" beneficiary, for that very reason. Just find out the position of the insurer on the matter, AND make an appointment with a practicing Wills and Estates attorney in Washington.

There may be important time deadlines involved, depending on how long ago this occurred, so I suggest contacting an estate lawyer directly, first. If you're in the Kelso-Longview area, I would call Wesley Johnson, an attorney who handles these matters.

Good luck!

-- Sam

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Answered on 8/30/07, 11:16 pm


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