Who get the proceeds of a life insurance policy if the beneficiary dies?

UPDATED: Aug 31, 2012

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Who get the proceeds of a life insurance policy if the beneficiary dies?

My husband died 7 years after his first wife. I recently received mail from and insurance company indicating that there was a “forgotten policy” with his deceased first wife as beneficiary. They had 2 kids. Am I entitled to any of the proceeds?

Asked on August 31, 2012 under Insurance Law, Georgia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No. At this point, you would not be entitled to any of it. The beneficiary designation would fail and the proceeds would go through his secondary beneficiary if he had one and if not, it would go through his will or other testamentary document like a trust.  If neither of these existed, it would go through probate law and that means it would most likely be split between the two children as a residuary.

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