Can the beneficiary of a life insurance policy be held responsible for debts of the deceased?

UPDATED: Aug 25, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 25, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can the beneficiary of a life insurance policy be held responsible for debts of the deceased?

My sister was in a car accident and passed away 6 days later. She did not hit anything or anyone; the accident was caused by a tire blowout. There were 2 people in the car with her. One was thrown from the car because they did not have on a seat belt. My mother and I found out while going through my sister’s things that her car insurance had just been canceled. She did have a life insurance policy, of which my mother is the beneficiary. Can she be held responsible for the injuries to the other 2 people or can they sue against her life insurance?

Asked on August 25, 2011 Mississippi

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No.  A beneficiary of life insurance proceeds has nothing to do with the estate at all.  The reason is the certain monies pass outside of an estate; this includes life insurance proceeds.  Therefore, a beneficiary under a life insurance policy is entitled to such proceeds free and clear of any estate debts or similar obligations.


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