What if an unclaimed life insurance policy beneficiary died & there was a contingent beneficiary, them being the children of the

Asked almost 2 years ago - San Francisco, CA

..of the deceased beneficiary, BUT there was an ex stepson of the beneficiary that wasnt even adopted who ended up with it! Is that the way it should go or what? Thnx~

Attorney answers (3)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . If the proceeds have already been distributed, you're probably out of luck. However, if you believe that the payment was improper you need to consult an attorney who can sort out the facts and determine if the payment was proper. The longer you wait to do that, the less likely there will be the recovery you seek. Asking questions here does not get you any further toward resolution. Good luck.

    I am licensed in California only and my answers and information on Avvo assume California law. Answers and... more
  2. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Doesn't sound right-you need to have an attorney review the situation and advise you what to do next.
    The insurance company should issue separate checks to each named beneficiary.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  3. James P. Frederick

    Contributor Level 20

    3

    Lawyers agree

    Answered . You have a complex and unusual situation. You cannot get an answer here, because someone needs to review all of the facts of the situation with you and determine what took place. Timing makes a big difference in cases like this, and it is not clear from your summary what took place. If the primary beneficiary survived the decedent, then the contingent beneficiary is not entitled to anything. The fact that the insurance was not collected before the death of the primary beneficiary would not change this. If the primary beneficiary predeceased the decedent, then that is a completely different situation, and the answer would be completely different, as well. Given the apparent passage of time and the apparent payout to the beneficiary, you may have a tough time pursuing this, even if you otherwise might have had a right to at one time. You need to check with an attorney to be sure, however.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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