Can the siblings of a deceased person take the life insurance from the named beneficiary?

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Can the siblings of a deceased person take the life insurance from the named beneficiary?

My father just passed away a few days ago. Nothing has gone through succession as of yet. I am his estranged daughter, although in the last few months of his life we did reconnect. He had a life insurance policy which he purchased from his sister through a well-known life insurance company. I’m not sure if she wrote the policy herself or if someone else did. However, his long-term girlfriend was the named beneficiary. After his death, his brothers and sister contacted me in an attempt 2 go through his belongings and pick out the items they want. He did not leave a

Will. He did, however, donate all of his land and his home to his girlfriend. Everything is in her name. I am perfectly fine with her having his property. She was there for him and a time when no one else was, and she cared for him in a way that none of his

family was willing to. The funeral occurred yesterday, and she and I both fulfilled his requests. None of his family members showed up. It was devastating. Today, the funeral director has let me know that his siblings are very aggressively trying to get his official death certificate before his girlfriend, and he believes that they are trying to take the life insurance policy from her due to things they have said and done. I am concerned for her. Is there a legal possibility of them taking this? Is it possible his

sister had edited the policy without his approval? And how would I know?

What can I do to help? These people are only sniffing around for personal gain.

Asked on January 24, 2017 under Estate Planning, Louisiana

Answers:

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

Answered 4 years ago | Contributor

The proceeds of a life insurance policy pass directly to the named benefciafiary; the policy does not become part of the estate. Therefore, your father's siblings have no right to it. If they claim fraud of some sort, they might have a case but based on the limited facts presented, i don't thnk they would prevail in a dispute.


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