beneficiary and contingent passed, who gets my grandmothers insurance?

UPDATED: Oct 1, 2022

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beneficiary and contingent passed, who gets my grandmothers insurance?

Recently I have been informed that my grandmother had life insurance policy,
with primary beneficiary being my grandfather , contingent my dad.
They both passed couple years ago before cashing the policy.
Now my mom who who was my grandmothers DIL, before she got married
again after my dad passed is trying to cash it herself.
Can she? Does she has more rights to it than me as a blood relative of
originally insured person?
My mom keeps it a secret, so i’d like to know my legal position before I make
any move to confront her.

Asked on October 1, 2017 under Insurance Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I am so sorry for your losses.  The timing of everything here is a little confusing.  Generally speaking, if the beneficairies of a policy have both passed when the insured person passes (your Grandmother) then the proceeds become part of the Estate of your Grandmother.  If she dies with a Will the Residual Clause will likely govern ("All the rest, residue and remainder of my estate").  If no Will then the intestacy statute governs.  If your Grandfather and Dad post deceased your Grandmother, then their estate inherited and how that is distributed also depends on a lot.  Why don't you go and seek legal help on a consultation flat fee basis.  It can clear things up.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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