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Man H | Can an inheritance of a will be entile to any monetary with the beneficiary of a life insurance? |
Are they relate to each other?
Additional Details
Supposed person A is one of the inheritance on the will and person B is the only beneficiary on the life insurance, when the testator/policyholder (same person) pass away by the law does person A have the right to collect any money from person B? |
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aaron p
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No, transfers by contract (ie. life insurance beneficiaries) occur before transfers by will. In fact, wealth is sometimes transfered by insurance contracts on purpose so that it could not be contested etc like wills can. |
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methiclan
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no they dont relate, the policy contract of a life insurance and a will is diffrent so if the insured died the primary beneficiary will have the sole custody of the proceeds |
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Donna C
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NO, it belongs to the beneficiary. The life insurance and the will or not tied up to one another. They are separate. |
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CPA/PFS
 |
That depends on the beneficiary designation on the life insurance policy.
If the beneficiary is the "estate of" ... then the beneficiaries of the estate will share the money as stipulated in the Will.
If someone other than the "estate of" is the named beneficiary then they will receive the life insurance proceeds even if they are not named as a beneficiary of the Will. The beneficiaries of the Will would have no claim against the life insurance proceeds ... unless the estate was large enough to owe estate taxes AND the Will provided for allocating the taxes to transfers outside of the Will.
Life insurance transfers by contract to the named beneficiary ... which is separate from the Will. |
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jimmdurbin
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Check with a local estate lawyer for a conclusive answer. The will may mention the life insurance proceeds. In most cases the answer is NO. They are not related to each other. Generally, life insurance proceeds are exempt from estate taxes, because they are separate contracts, not part of most wills.
The life insurance company will usually pay only the beneficiary of the life insurance contract the money. Only a probate court order might change how life insurance proceeds are disbursed. |
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mbrcatz
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No. The will can only distribute assets that belonged to the deceased.
When the life insurance company pays the beneficiary, that money is THEIRS, not the deceased's.
You cannot "take money away" from a beneficiary to give to someone else, via a will. So even if the will said "half the life insurance procedes to JOE and half to JANE, it's not binding, as the will can't attach someone else's money. |
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