If my husband died and changed his life insurance beneficiary to his mother 3 months before he died, does my son have any claim to this benefit?

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If my husband died and changed his life insurance beneficiary to his mother 3 months before he died, does my son have any claim to this benefit?

We have a one year old son. There is no living Will and I am the executor of the estate.

Asked on August 11, 2012 under Estate Planning, New Jersey

Answers:

Kristina Combs / The Law Firm of Kristina L. Combs, PLLC

Answered 8 years ago | Contributor

Since you stated that you are the executor of the estate, I am assuming that this is based on the fact that there was a Will that appointed you as the executor.  The fact that you are the executor of the estate does not have any bearing on the insurance policy.  As executor of the estate you have the power to probate the estate in accordance with the terms of the will.  An insurance policy is not probated under the Will, it is a non-probated asset.  It is more of a contract, and your husband could name anyone he wanted as the beneficiary of his life insurance policy.  Since your husband named his mother as the beneficiary of the life insurance policy, your son does not have a claim to the life insurance policy.   


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