Marietta, GA asked in Estate Planning for Georgia

Q: if no beneficiary listed for life insurance and goes to estate, does it go to only one in the will or do all heirs get

Related Topics:
2 Lawyer Answers
James Clifton
PREMIUM
Answered

A: A life insurance policy with no beneficiary becomes an asset of the estate. The estate passes according to the terms of the will unless someone successfully challenges the validity of the will. The larger the life insurance policy, the larger the incentive to challenge the will by disinherited heirs.

A: The insurance company contract dictates who receives the proceeds of a life insurance policy. Some company contracts state the estate receives the proceeds when no beneficiary is listed. Other company contracts say the heirs or next of kin receive the proceeds. You first need to get a copy of the insurance policy to determine what this particular contract says. If it says the estate gets the proceeds, then a valid will governs who inherits the money after the payment of all estate debts.

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.