[WSBARP] disposition of benefit of deceased beneficiary of life insurance

[Heather de Vrieze]

Generally if the named beneficiary does not survive, no rights survive to their estate. The policy documents will control who the default beneficiary is, but I would generally expect it to be the decedent daughter’s estate, and that you will simply need to provide mom’s death certificate to prove she did not survive her daughter.

Heather

Heather S. de Vrieze
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rod Harmon
Sent: Tuesday, August 27, 2024 12:24 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] disposition of benefit of deceased beneficiary of life insurance

Beneficiary of life insurance policy is deceased.  What happens to her benefit and what documentation will the insurance company (MetLife) need to process the claim?

Decedent Daughter had a whole life insurance policy in which she named her Mother as the beneficiary.  Mother died 20 years prior to daughter’s death.  Widowed Mother died intestate and without probate-able assets, so no probate. Decedent Daughter was her mother’s only child.

Probate of intestate decedent Daughter’s estate has been opened.  Her two children (Mother’s Grandson and Granddaughterr) are her heirs.   Granddaughter is her administrator.  To whom would MetLife be willing to send the policy proceeds:

  *   Estate of Mother? (groan, so I have to open a probate of Mother’s estate?)
  *   Estate of Daughter? (I can supply Mother’s death certificate, but how do I satisfy MetLife that decedent Daughter was Mother’s only heir?)
  *   Grandson and Granddaughter jointly?
  *   Something else?
And in what form will the insurance company want proof of facts?  The policy is only $1100, taken out in 1960 to cover burial expenses.

Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
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   rodharmon at msn.com<mailto:rodharmon at msn.com>

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