Do insurance proceeds pass outside of a Will?

UPDATED: Feb 4, 2015

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Do insurance proceeds pass outside of a Will?

My father wrote a will regarding his 3 children; it said for us to devide everything 3 ways. I the oldest, is the sole beneficiary to his small insurance money from where he worked. Do I have to share that with my siblings because they already took what they wanted and we split the money he had in the bank? I had also been my parent sole caregiver for 2 1/2 years before they passed away.

Asked on February 4, 2015 under Estate Planning, California


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

Answered 8 years ago | Contributor

Insurance proceeds are not part of a probate estate. This means that the these funds pass outside of probate directly to the named beneficiary. Accordingly, such a beneficiary need not share the proceeds with other family members.

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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