Sparta, TN asked in Estate Planning and Probate for Tennessee

Q: My mom died, if I am the beneficiary on accidental death & dismemberment, does the proceeds go to the estate account?

She has a Will, my stepbrother is the executor. The policy was not mentioned at all in the Will.

Related Topics:
1 Lawyer Answer
Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If you are the named beneficiary of the AD&D policy, then the proceeds are payable directly to you, bypassing the probate estate. The check should be made payable to you and then you deposit the check into your personal bank account. You make a claim by calling the company and letting them know your mother passed and obtaining claims forms to fill out. You will also need to provide a death certificate and possibly other documentation.

Keep in mind, however, that AD&D insurance is a very limited kind of life insurance. The circumstances under which AD&D insurance pays out are very narrow. Payment is due to the beneficiary only if the insured died in some kind of "accident", usually. In other words, if your mom died of old age or illness or disease, chances are a claim under that policy will be denied. But it is worth making a claim. The worst that can happen is the claim is denied, but it doesn't cost anything to apply.

1 user found this answer helpful

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.