If someone is promised a car in a Will but the car is totaled in an accident which kills the maker of the Will, is the beneficiary entitled to the insurance money?

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If someone is promised a car in a Will but the car is totaled in an accident which kills the maker of the Will, is the beneficiary entitled to the insurance money?

Asked on July 5, 2012 under Estate Planning, Nevada

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Here is how that could work. Since the object is totalled, the money may fall into the residuary clause and split amongst the beneficiaries. The executor could decide the money (if any left after car loan paid off) should go to the intended beneficiary of the motor vehicle as that was the original intent of the deceased.

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