Q: My son and daughter in law died. DIL had life ins with my son as beneficiary. Does that policy get spllit in the estate?
A: I am sorry for your loss. If your daughter-in-law named your son as the primary beneficiary, then he would receive the proceeds if he survived her. If she named a contingent beneficiary, then that person would receive the assets if your son did not outlive the survival period outlined in the policy. If she did not name a contingent beneficiary, then for most policies your son's Estate would likely be the default beneficiary (meaning the proceeds would pay to his estate and be distributed according to his Will (if he had a Will) or if he did not have a Will then according to the Wisonsin Intestate Statutes through the probate court process. Check the actual terms of the life insurance policy and the beneficiary designation form on file with the company to be sure. That will be the final answer on all of this, since an insurance contract is a matter of contract law. I would work with a good probate attorney to examine the dates and timing of each death and the beneficiary designation form and insurance policy language to determine the order of payment, and the specific contract language as those dates are going to make a big difference to the answer to this question.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
