If the primary beneficiary dies before the insured but on the same day, does the insured’s estate get the proceeds via intestate succession?

UPDATED: Aug 3, 2011

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If the primary beneficiary dies before the insured but on the same day, does the insured’s estate get the proceeds via intestate succession?

They were not married; they were engaged. There was no contingent beneficiary?

Asked on August 3, 2011 Ohio


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

Answered 11 years ago | Contributor

I am so sorry for the losses here.  Unfortunately, this question is a bit confusing to understand so I am going to try and explain a few things that you touched on.   When a person passes away without a Will they are said to have dies "intestate" and the intestacy laws in the state will determine who inherits.  You are only entitled to inherit from someones estate under intestate succession if you are married to them or are in some degree of blood relation to the : parent, child, sibling, etc.  If the parties here were not married they can not inherit from eachother's estate.  Now, are you referring to a life insurance policy?  With one party being the insured owner and the other the beneficiary?  If the beneficiary dies before the insured owner died and there was no contingent beneficiary, the policy itself will govern who receives the proceeds and that will generally be the estate of the insured but I would double check.  Then those proceeds will be distributed via intestate succession.  Good luck. 

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