beneficiary and contingent passed, who gets my grandmothers insurance?

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beneficiary and contingent passed, who gets my grandmothers insurance?

Recently I have been informed that my grandmother had life insurance policy,
with primary beneficiary being my grandfather , contingent my dad.
They both passed couple years ago before cashing the policy.
Now my mom who who was my grandmothers DIL, before she got married
again after my dad passed is trying to cash it herself.
Can she? Does she has more rights to it than me as a blood relative of
originally insured person?
My mom keeps it a secret, so i’d like to know my legal position before I make
any move to confront her.

Asked on October 1, 2017 under Insurance Law, Florida

Answers:

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

Answered 4 years ago | Contributor

I am so sorry for your losses.  The timing of everything here is a little confusing.  Generally speaking, if the beneficairies of a policy have both passed when the insured person passes (your Grandmother) then the proceeds become part of the Estate of your Grandmother.  If she dies with a Will the Residual Clause will likely govern ("All the rest, residue and remainder of my estate").  If no Will then the intestacy statute governs.  If your Grandfather and Dad post deceased your Grandmother, then their estate inherited and how that is distributed also depends on a lot.  Why don't you go and seek legal help on a consultation flat fee basis.  It can clear things up.  Good luck.


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