My father was the beneficiary to his girlfriends life insurance policy

Attorney answers (4)

1. Licensed in IL

   

   James SiebertPro

   Arlington Heights Probate Attorney

   Contributor Level 10

   

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   Answered June 02, 2012 08:31. Title insurance is a contractual agreement so everything depends upon the terms of the policy. First, it depends upon how your father was named as benficary. If the beneficiary clause reads something like " Joe Smith, per stirpes or Joe Smith, and if he is not living to his lineal descendants" then it would be possible you were entitled to some if not all of the proceeds. However, that is not a common designation. Normally it would just be your father's name, and unless indicated to the contrary, if he was not living at the time of the girlfriend's death, then the proceeds would go to any named secondary or contingent beneficiary, such as girlfriends siblings, parents. If no secondary benficiary is named, then you have to look at the terms of the policy to see what happens. Most commonly the policy will call for it to go to the girlfriend's estate or heirs at law. Normally this would mean you were not entitled to anything, except if the girlfriend had also named your father a beneficiary in her Will. In that case you would need to do an analysis of the Will provisions to see if the bequest to your father was per stirpes , which means if he predeceases it goes down his lineal descendants, or per capita, in which case it means if he predeceases then it will go to whoebver would be next in line under the Will. Good Luck.

   Disclaimer. The information contained in this answer is provided for informational purposes only, and should not... moreDisclaimer. The information contained in this answer is provided for informational purposes only, and should not be construed as specific legal advice, further is not intended and it does not constitute or create an attorney-client relationship between The Law Office of James C. Siebert & Associates and any recipients. No recipient of this answer should act or refrain from acting on the basis of this answer without seeking the appropriate legal advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. Under Illinois ethical rules answers to questions might be considered as advertisement and therefore please consider the answer to the question is ADVERTISING MATERIAL. less

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2. Licensed in IL

   

   Judy Goldstein

   Mokena Divorce / Separation Lawyer

   Contributor Level 20

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   Answered June 02, 2012 08:32. You need to look to the language of the policy. If there is a contingent beneficiary then the contingent beneficiary takes. If there is none, then the language of the poilcy should rule. If there is no language requiring the only beneficiary must survive the decedent, then there is a strong argument that the funds should go to your father's estate. You really should consult with a probate attorney who can review the policy in more detail in order to come to a more definite resolution

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3. 

   Steven J. Fromm

   Philadelphia Probate Attorney

   Contributor Level 20

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   Answered June 02, 2012 08:22. Since your father failed to survive it goes to the contingent beneficiary so named. If no contingent beneficiary was named then it probably goes to her estate.
   
   Hope this helps.
   
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   Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

   LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... moreLEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency. less

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4. Licensed in IL

   

   Daniel Fleischer

   Plantation Probate Attorney

   Contributor Level 11

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   Answered June 02, 2012 08:34. Attorney Fromm is correct. Life insurance policies are in fact contracts. The contract would provide if there were any contingent beneficiaries named,and if not then the proceeds would be paid to her estate. If it is payable to her estate AND she had a will naming your dad or his heirs a beneficiary of her estate then you may be in position to inherit some of the proceeds. This later is unlikely but a slim possibility. Best of luck.

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