What happens to life insurance policy?

UPDATED: Sep 30, 2022

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What happens to life insurance policy?

My mother lived in Huntsville Ala, Her common law husband passed away
on may 12th she was listed as the beneficiary of his life insurance,
However she passed away on the 21st before the insurance paid out.
What happens to the money from life insurance now?

Asked on June 5, 2017 under Estate Planning, Florida


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

Answered 5 years ago | Contributor

The life insurance proceeds that your late mother was entitled to are now an asset of her estate. This means that they will pass as directed by her Will. If she had no Will, then they will pass according to state "intestacy" law. Typically, this is to the surviving spouse, if any, and the deceased's children. Right now, the executor of the estate (if there was no Will) or the personal representative (if she had no Will) needs to open a probate. If no PR has yet been appointed by the probate court, then you or another family member or close friend of your mother can apply for the position. You can then notify the insurance company to make her check payable to her estate. Additionally, depending on the amount of her estate and type of assets that your mother had, you may be able to use the small estate process in her state. You can contact the local probate court in the county in which your mother was domiciled as of her death. They can best advise you further (or you can consult directly with a local probate attorney).

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 AttorneyPages.com 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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