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Does the beneficiary of a life insurance policy have to share with other siblings

Lone, KY |

Does the beneficiary of a life insurance policy have to share the remainder with his siblings after the funeral was paid for?

Attorney Answers 2

Posted

In Texas, life insurance proceeds are non probate assets and pass outside of the estate of the deceased. Thus, in Texas, if you were named the sole beneficiary of a life insurance policy, then you would not have to pay for funeral expenses or share any of the proceeds with siblings. You should check with a Kentucky probate lawyer for an answer to your question in accordance with Kentucky law.

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Posted

The answer should be "no." Life insurance is paid according to the beneficiary designation form completed by the owner of the policy. The owner of the policy is often the same person as the insured. For example, Father buys a policy on his life to benefit his son. Father owns the policy; Father names his son as the beneficiary. That is a common situation.

Now assume Father has both a son and a daughter and he does not like his daughter. Father fills out the policy beneficiary designation naming his son as the sole beneficiary. Daughter gets nothing from the policy.

Of course, getting advice over the internet is no substitute from taking a copy of the policy to a competent lawyer in your neighborhood. If you do not know one, then get a recommendation from a friend, neighbor, business colleague or the person who prepares your income tax return. Otherwise, call the local Bar Association.

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