Who get the life insurance proceeds if no beneficiary is named and there is no Will?

UPDATED: Sep 30, 2022

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Who get the life insurance proceeds if no beneficiary is named and there is no Will?

My boyfriend of 4 years suddenly passed away We lived together and shared a household and split all the bills. He had a $25,000 life insurance policy through his work and no beneficiary was named and he had no Will. The day after the funeral, his father who he has not talked to in a year made him self the administrator of his estate. After the funeral expenses and any creditors are paid who get the remaining amount of the money? His dad and sister are keeping me out of everything and I feel like I should be entitled to some funds since we were living together and shared all bills.

Asked on February 20, 2017 under Estate Planning, Kentucky


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

Answered 6 years ago | Contributor

In the event that no beneficary is named in a life insurance policy, then the proceeds are paid to the estate of the deceased. When someone dies "intestate" (i.e. without a Will), then state law provides that the heirs of the deceased are entitled to all assets that remain after debts of the estate are paid. Unfortunately, unless you were married, you have no claim to your boyfriend's estate as you have no legal standing; merely living with him does not qualify you as a legal heir. In a situation where there is no surviving spouse or children, the heirs to inherit are the parents of the deceased.

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.

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