Life insurance

UPDATED: Oct 1, 2022

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Life insurance

My mother has been charged but not yet convicted of my father’s death. She is the beneficiary to his life insurance. Is she still eligible to receive the insurance? If not, what should I do next to get the policy myself?

Asked on December 8, 2017 under Insurance Law, Tennessee


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

Answered 5 years ago | Contributor

I am so sorry for your loss.  The answer is no, most states prohibit one who has cause the death of another to benefit financially from their act.  You need to notify the insurance company about the situation and they will institute an Interpleader to interplead the funds in to Federal Court to sit there until the resolution of the murder case.  If she is NOT convicted she will still inherit.  If she is then likely the alternate beneficiary will inherit or "the estate" meaning his remaining beneficairies.  Good luck.

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 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.

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