If the beneficiary of a life insurance policy dies before making a claim, does the beneficiary of the beneficiary have a right to claim the policy?

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If the beneficiary of a life insurance policy dies before making a claim, does the beneficiary of the beneficiary have a right to claim the policy?

My brother had a life insurance policy naming my mother as the beneficiary. My mother survived my brother, but never made a claim on the policy. My mother died 3 years ago. I recently found the letter informing her of the policy and her status as beneficiary. There is no one besides myself eligible to take from my brother or my mother under intestacy. I am the sole beneficiary of my mother’s estate. Can I make a claim on the policy?

Asked on December 7, 2011 under Insurance Law, South Carolina

Answers:

Sharon Siegel / Siegel & Siegel, P.C.

Answered 9 years ago | Contributor

Your mother's estate would need to be the one to make a claim since your mother survived.  You need to become appointed as administrator or executor of your mother's estate so that you can act on behelf of the estate.  The check will be made payable to the estate.  Then, you as beneficiary will claim the proceeds.   www.siegelandsiegel.com 212-721-5300


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