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Probate

My brother was killed he had a insurance policy that my mom paid but no beneficiary was listed. DO we have to go to court or should the insurance pay my mom since she was the owner of the policy?

Asked on November 15, 2017 under Estate Planning, Tennessee

Answers:

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

Answered 3 years ago | Contributor

When a beneficiary is listed on a life insurance policy, the upon the death of the insured the insurance proceeds are paid to their estate (they are not paid to the owner of the policy). They then either pass through the "residuary clause" of the deceased's Will or, if there is no Will, they pass as per state law. Typcially, if there is no surviving wife or children, they next go to the parent(s) of the deceased.


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