Who collects on behalf of a deceased beneficiary?

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Who collects on behalf of a deceased beneficiary?

My grandmother just passed away and we found out that she still had my deceased mother as one of the

beneficiaries on her life insurance policy. My mother has been dead for over 2.5 years. My grandmother also has my uncle as a beneficiary. My mother has 3 living children, 2 of whom are over the age of 18. Who has rights to my mother’s portion of the payout? The funeral cost have been covered already.

Asked on February 12, 2019 under Insurance Law, New York

Answers:

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

Answered 2 years ago | Contributor

I'm assuming that there are just 2 beneficiaries listed on the ploicy. In that case, if your  mother is listed as the "primary" beneficiary and your uncle was listed as the "contingent" (or "secondary") beneficiary), then upon her death he became legally entitled to all of the proceeds. If your uncle is also listed as a primary beneficiary (so that if your mother had lived they would split the proceeds), now that she has died he is entitled to all of the proceeds.

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

Answered 2 years ago | Contributor

I'm assuming that there are just 2 beneficiaries listed on the ploicy. In that case, if your  mother is listed as the "primary" beneficiary and your uncle was listed as the "contingent" (or "secondary") beneficiary), then upon her death he became legally entitled to all of the proceeds. If your uncle is also listed as a primary beneficiary (so that if your mother had lived they would split the proceeds), now that she has died he is entitled to all of the proceeds. 


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