What happens if a person dies and they do not have a beneficiary?

Get Legal Help Today

 Secured with SHA-256 Encryption

What happens if a person dies and they do not have a beneficiary?

My sister died she had a policy that did not have a beneficiary listed. She has no kids or husband. Can her sibling receive this money?

Asked on August 1, 2019 under Estate Planning, Texas

Answers:

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

Answered 1 year ago | Contributor

I assume that you are referring to a life insurance policy. In a case such as this, since no beneficiary was named, the proceeds will be payable to your late sister's estate. They will then pass as per state law since your sister died "intestate", that is she did not have a Will. Since she left no spouse or children, her next heirs would be her siblings. This means that you and your other siblings, if any, will be entitled to the insurance money.

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

Answered 1 year ago | Contributor

I assume that you are referring to a life insurance policy. In a case such as this, since no beneficiary was named, the proceeds will be payable to your late sister's estate. They will then pass as per state law since your sister died "intestate", that is she did not have a Will. Since she left no spouse or children, her next heirs would be her siblings. This means that you and your other siblings, if any, will be entitled to the insurance money. 


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption