Now that my father is deceased who gets his portion of the insurance policies? 22 Answers as of March 01, 2013

My father passed away 3 weeks before his father. My father is named beneficiary on his policies. One he is sole beneficiary and the others are split between him and his 3 siblings. My question is now that he is deceased who gets his portion of the insurance policies? Does it go to his next of kin (my brother and I) or will it be split between his father’s remaining kids?

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O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, if the beneficiary of the life insurance policy (your father) predeceases the policy holder (your grandfather), and there are no other beneficiaries designated, then the insurance proceeds should pass through the policy holder's estate. If your grandfather had a will, then the will may distribute the insurance proceeds. If you grandfather did not have a will, then the intestacy (no will) rules should dictate who inherits the insurance proceeds (possibly you, your brother, and your father's siblings).
Answer Applies to: Maryland
Replied: 3/1/2013
Stephens Gourley & Bywater | David A. Stephens
It probably goes to your father's children, unless the policy had secondary beneficiaries.
Answer Applies to: Nevada
Replied: 2/28/2013
Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
It depends on how the beneficiaries were named on the policies There may have been contingent beneficiaries
Answer Applies to: Connecticut
Replied: 2/27/2013
Kokish & Goldmanis, P.C.
Kokish & Goldmanis, P.C. | Bernard H. Greenberg
The answer will depend on the specific language in the beneficiary designations. You should take the beneficiary designations to an attorney who specializes in estates for a more detailed answer.
Answer Applies to: Colorado
Replied: 2/27/2013
Law Office of Pamela Braynon | Pamela Y. Braynon
The use of the pronouns "him" & "his" is confusing and makes it difficult to answer this question. Is this male person your spouse, relative or what? However, it is likely the person receiving the life insurance benefits are you and your brother. Check with the insurance company to be sure about that though.
Answer Applies to: Florida
Replied: 2/27/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You father's proceeds should go to his next of kin.
    Answer Applies to: Michigan
    Replied: 2/27/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    You have to read the policies and the beneficiary designation cards to see what they say. They control in the first instance.
    Answer Applies to: Oregon
    Replied: 2/26/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    The proceeds of the life insurance policies designated to your father, would go to his children in equal shares. Don't let anyone tell you otherwise, as father's siblings may try to grab the proceeds designated to you and your siblings.
    Answer Applies to: California
    Replied: 2/26/2013
    Randy M. Lish, Attorney at Law | Randy M. Lish
    The policy will probably (check your state code) go into your father's probate estate. If he had a will, it will on what the will says about his estate. If he did not have a will, it will depend on what your state law says about the intestate estate.
    Answer Applies to: Utah
    Replied: 2/26/2013
    Dennis E. Valentine Law Firm
    Dennis E. Valentine Law Firm | Dennis Valentine
    As I understand the situation, your grandfather listed your father as the beneficiary on the grandfather's life insurance polices and your father died before your grandfather. Is that correct? If that is correct, if your father was the sole beneficiary on a policy AND no one else was listed on that policy the funds would go to the grandfather's estate. Those funds would be distributed pursuant to your grandfather's will or the intestate law that applies to your grandfather's estate. If your father and his siblings were named on different policies, then the funds would go to the surviving siblings UNLESS the second policy had a provision saying that the descendants of your father were to get the funds if the father died before the grandfather. This is general advice based upon a short summary of your situation. I suggest that you show the life insurance policies to an attorney or to a life insurance agent and have them answer your questions after they have a chance to review the actual policies.
    Answer Applies to: Colorado
    Replied: 2/26/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Since your father survived his father, your father's estate is entitled to the insurance proceeds your father was entitled to when his father died. If your father died without a will, those proceeds would go to you and your brother.
    Answer Applies to: Minnesota
    Replied: 2/26/2013
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    That really depends on what the life insurance contract states. It is very likely that, since your father predeceased your grandfather, his share will go to the remaining beneficiaries listed on the policy. However, you should look at the language in the policy or try to talk to the insurance company to see if that is the case.
    Answer Applies to: Florida
    Replied: 2/26/2013
    Scott Polsky
    Scott Polsky | Scott Polsky
    This depends on the beneficiary designations on the policies. The proceeds could go to your father, or they may not. If they go to your father, they will pass according to his will. I strongly recommend that you contact an attorney for assistance.
    Answer Applies to: Pennsylvania
    Replied: 2/26/2013
    Law Offices of Robert P Bergman
    Law Offices of Robert P Bergman | Robert P. Bergman
    If your father died before his own father (your grandfather), and your grandfather had named your father as a beneficiary on one or more insurance contracts, the answer to your question can only be made by examining the beneficiary designations on your grandfather's insurance contracts and perhaps the contracts themselves. Insurance contracts determine where benefits are paid when the insured party dies, and unless there are no living beneficiaries and the insurance gets paid to someone's estate, there is no inheritance by the heirs of a beneficiary on an insurance contract if the beneficiary died before the insured party.
    Answer Applies to: California
    Replied: 2/26/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    It depends if there is a survivorship provision. Since your father died first, he may or may not been a beneficiary. You need to have the policies to actually be able to answer your question.
    Answer Applies to: Nevada
    Replied: 2/26/2013
    The Taylor Law Office L.L.C.
    The Taylor Law Office L.L.C. | Ian A. Taylor
    It depends on who he included on the insurances beneficiary forms. If you father passed before his father, the LI proceeds do not actually become a part of your fathers estate. The proceeds will pass to the next designated beneficiary under the policy, so on and so forth until a beneficiary is found. The key is that the policy will determine who takes even if the original designated beneficiary is dead. i
    Answer Applies to: South Carolina
    Replied: 2/26/2013
    Frederick & Frederick PLC | James P Frederick
    Your answer depends on the policies in question. Were there contingent beneficiaries named? If so, they would take. If not, then the insurance company likely has a protocol for this. It could pass through your grandfathers estate, or it could pass to his next of kin. It is also possible that the policy COULD provide for the proceeds to pass to your fathers estate or next of kin. I have seen all of these occur, depending on the company and policy involved.
    Answer Applies to: Michigan
    Replied: 2/26/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It depends on who is named the alternate beneficiary. If the two of you, then you get it. If nobody, then it goes to his estate. If there is a will, chances are it excluded devises to people who died before your grandfather, i.e. your father. If the will provides that his share goes to you, then you will get your father's share. If there is no will, then chances are you will get nothing.
    Answer Applies to: Idaho
    Replied: 2/26/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    If he was beneficiary with no contingent beneficiaries, the proceeds go to your fathers estate and it is distributed pursuant to his Will, or if no Will, the intestate statute. The ones split between him and 3 siblings, it depends on how it is worded - it is either to his estate or his share lapses and it will go to his siblings.
    Answer Applies to: Delaware
    Replied: 2/26/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    The answer will depend upon the laws regarding decedents estates in the state(s) in which your father and grandfather lived at the time of their deaths and the specific terms of the insurance policy beneficiary designation. On the policy where your father is sole beneficiary, the money will likely go to your granfathers estate to be distributed according to his will.
    Answer Applies to: Nebraska
    Replied: 2/26/2013
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    First look for a successor beneficiary on the policy. If not there the proceeds will be paid to the estate. The executor in the deceased's estate will use the insurance proceeds to pay the estate debts and any left over money will be distributed to the heirs.
    Answer Applies to: Georgia
    Replied: 2/26/2013
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    It depends on who is named the beneficiary or beneficiaries on the insurance policy.
    Answer Applies to: Georgia
    Replied: 2/26/2013
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