Can the siblings of a deceased person take the life insurance from the named beneficiary?

UPDATED: Sep 30, 2022

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Can the siblings of a deceased person take the life insurance from the named beneficiary?

My father just passed away a few days ago. Nothing has gone through succession as of yet. I am his estranged daughter, although in the last few months of his life we did reconnect. He had a life insurance policy which he purchased from his sister through a well-known life insurance company. I’m not sure if she wrote the policy herself or if someone else did. However, his long-term girlfriend was the named beneficiary. After his death, his brothers and sister contacted me in an attempt 2 go through his belongings and pick out the items they want. He did not leave a

Will. He did, however, donate all of his land and his home to his girlfriend. Everything is in her name. I am perfectly fine with her having his property. She was there for him and a time when no one else was, and she cared for him in a way that none of his

family was willing to. The funeral occurred yesterday, and she and I both fulfilled his requests. None of his family members showed up. It was devastating. New Link Destination
day, the funeral director has let me know that his siblings are very aggressively trying to get his official death certificate before his girlfriend, and he believes that they are trying to take the life insurance policy from her due to things they have said and done. I am concerned for her. Is there a legal possibility of them taking this? Is it possible his

sister had edited the policy without his approval? And how would I know?

What can I do to help? These people are only sniffing around for personal gain.

Asked on January 24, 2017 under Estate Planning, Louisiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The proceeds of a life insurance policy pass directly to the named benefciafiary; the policy does not become part of the estate. Therefore, your father's siblings have no right to it. If they claim fraud of some sort, they might have a case but based on the limited facts presented, i don't thnk they would prevail in a dispute.

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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