What happens if a beneficiary of a life insurance policy dies before the person whose life is insured?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What happens if a beneficiary of a life insurance policy dies before the person whose life is insured?

My mother recently passed away. She had 2 life insurance policies. One I was full beneficiary, and the other one half. Her husband was to receive the other half but he died 7 years ago. They sent me a check for the whole amount of both policies. However, now they have called me and said that I have to send a check for half of one of the policies back to them for her deceased husband’s son. Is his son legally entitled to half?

Asked on March 30, 2015 under Insurance Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  It may not be that he was legally entitled under the law.  Rather it sounds as if he was listed as a contingent beneficary under the policy.  You need to find out who was listed on the beneficary designations and then ask to see the policy.  If there is no contingent beneficary the policy generally provides that the funds go to the estate of the deceased person.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption