Las Vegas, NV asked in Probate for Arizona

Q: I was a beneficiary of life insurance policy in will mom wants money go towards buy house form bank do I have to

My understanding is that she can't will something she never had

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

A: If you are the named beneficiary of the life insurance policy, as reflected on the records of the life insurance company, then no, you are the sole owner of the proceeds and you can do with them as you wish. This is also true if the owner's estate was the beneficiary of the life insurance policy and the owner died and his or her will either specifically directed the life insurance proceeds to you or you received a portion of the estate that was funded with the life insurance proceeds. Your facts are ambiguous on this.

Andre Lee Pennington
Andre Lee Pennington
PREMIUM
Answered
  • Probate Lawyer
  • Surprise, AZ
  • Licensed in Arizona

A: If the Estate is the beneficiary of the policy, it goes to the estate and distributed in accordance therein. If you were the beneficiary, it would go directly to you and is your money. A qualified probate attorney once having all the facts can answer this question for you.

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