If you are named as a beneficiary on a life insurance policy, should you be included in the distribution of that insurance?

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If you are named as a beneficiary on a life insurance policy, should you be included in the distribution of that insurance?

I was notified that both of my children are beneficiaries of their father’s life insurance policy. Only 1 of the children have been considered in the distribution of the policy along with his partner and her 2 children who are not biologically his.

Asked on February 13, 2018 under Insurance Law, Alaska

Answers:

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

Answered 3 years ago | Contributor

I am so sorry for your loss and very confused here.  If the children are named on the life insurance policy it passes directly to them from the insurance company.  So who is doing the distributing here?  If they are named in the Will as beneficiaries of the policy and the Executor is not following the wishes of the Father, you need to file a motion with the Probate Court asking him or her to be relieved as the Executor/Personal Representative.  Or the child who is being left out needs to is he or she is the adult.  They are the ones with standing to make such a motion.  This needs to get before the judge asap.  Good luck.


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