My mother has two Whole life insurance 10 yr pay for $1 milion each. One is funded by my mom, other is funded by her ex-husband (my dad). On one policy my sister is the beneficiary and other my dad is the beneficiary. My mom is willing to make me the beneficiary on the both life insurances. The policies were taken out 2 yrs ago, so they still have 8 yrs to go before they are paid up. I am only asking this question because I quit talking to my dad and my sister because of various family problems. Currently I live with my mom, since I am disabled. I fear that If my mom passes away I won't get anything from the life insurances since I am not the beneficiary. I just want to know my options. I read somewhere, that If my mom writes a will that is still valid. Is that true?
Personal Injury Lawyer
I'm in Louisiana, but typically, the beneficiary of an insurance policy will get the benefits. Estate laws do not apply to insurance policies with named beneficiaries. The only way to become a beneficiary is to have the policy holder add you as a beneficiary. You may want to consult with a local estate lawyer in your state. But generally, the named beneficiary gets the money. Good Luck.
I agree that normally what is required is that your mother change her beneficiary designation on her policy naming you as a beneficiary. Otherwise the policy will pay the beneficiary and there is not an asset to pass through the will.
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Personal Injury Lawyer
Have your mother change the beneficiary ASAP and name you. That is all that has to be done.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
The issue will be to determine who "owns" the policy. A person can purchase a life insurance policy on someone else's life. Your father might own the one policy, and he makes the premium payments, but your mother is the insured. In that case, your mother has no right to change the beneficiary; only your father could change it because he is the owner. You mother should simply call the insurance carrier or local agent to determine her options.