New Albany, IN asked in Probate for California

Q: My mother was beneficiary but she died before the insured. Who does money go to?

The insured died after his sister who was the beneficiary. He lived in national city California

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in California

A: It depends a lot on what this is. Is it life insurance proceeds? Is it a bank account? Is it an IRA or a 401(k) account? The most likely answer is the money will go to the contingent beneficiary. If there is no contingent beneficiary then most likely it will go to the estate of the decedent and a probate will be required to distribute it. But if it is money in a qualified plan, the plan rules might be different.

James Edward Berge and John B. Palley agree with this answer

John B. Palley
John B. Palley
Answered
  • Probate Lawyer
  • Roseville, CA
  • Licensed in California

A: I am sorry for the loss of your mom and aunt. I would say your mom would not receive the money. I would say the money goes to the contingent beneficiary if one is named on the policy. If one is not named then the money would go as the policy dictates which most likely would be to the probate estate.

James Edward Berge agrees with this answer

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