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Does the person who is named Beneficiary on a Life Insurance Policy have to split the money if they are sole beneficiary on the Life Insurance Policy however in the Will states that assets be divided?

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2017-09-20 23:55:52
2017-09-20 23:55:52

No. The proceeds will be paid by the insurance company to the named beneficiary. The insurance payoff is not part of the estate so it does not pass under the Will.

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2017-09-20 23:55:41
2017-09-20 23:55:41

If the insured has died the proceeds from the insurance will be paid AS STATED IN THE POLICY. The proceeds of the claim are not part of the assets of the deceased's estate.

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Related Questions


Life insurance proceeds paid to a beneficiary is not taxable. However, if the life insurance beneficiary is a trust or estate, there may be some tax implications.


Generally, the proceeds will be paid to the named beneficiary. However, the survivor should discuss the situation with an attorney.


If life insurance is payable to a beneficiary other than "the estate of ...[the decedent]", proceeds are payable directly to the named beneficiary and do not normally become part of the estate. However, if the designation of beneficiary of the life insurance policy is the estate of the decedent, proceeds do usually become part of the estate.


Disability insurance covers any impairment that is previously unknown to the beneficiary. However, the beneficiary only provides partial wage replacement to workers who are unable to work due to their disability.


A will cannot insert a name or change the name of a beneficiary of a will. However, you can have an insurance policy made payable to the estate, then give the proceeds of the policy to a named beneficiary. Problem here is that the policy proceeds run through the estate and become subject to debts and administration expenses and perhaps taxes, whereas they would not be if a beneficiary were named in the policy.


No, in most cases you can name whoever you would like as your beneficiary. However, as part of some divorce proceedings a court will require that your ex-spouse remain a beneficiary as part of a alimony/palimony agreement.


It depends on who the insurance policy has named as a beneficiary. If the student is listed as the beneficiary then they can spend it however they like. If the beneficiary is a trust then the trust may have stipulations as to how it can be spent and the trustee would then be charged with spending it correctly. All of this would be spelled out in a will or trust.


The policy would default to the Estate. which in most cases the spouse would be the executor of the estate. however, it would have to go through probate court first, so you always want to have a primary beneficiary a life insurance policy.


It is not a question of refusing responsibility. The beneficiary is the person or institution designated to receive proceeds upon the death of the insured. He/she/it has no obligation to pay future premiums. However, the beneficiary is free to decline the proceeds in which case they will be paid to a contingent beneficiary listed in the policy; in none, the proceeds will be paid to the insured's estate.


Yes, there is no age restriction on who can be the beneficiary of life insurance. However, some state laws do no permit payments to minors until they either have a guardian appointed or they turn 18.


In general, any living or de jure entity can be a beneficiary of a life insurance policy. However, if a minor is to be the beneficiary, the beneficiary designation is generally phrased in terms of the proceeds being paid in trust to someone else for the benefit of the minor until he/she reached legal age.If the insured initiates the insurance transaction there are generally few problems. However, if the beneficiary attempts to place insurance on the life of someone else and name him/herself as the beneficiary, questions may arise, including as to insurable interest. That is, in order for someone to insure another's life, he/she must have a "stake" in that person's continued life--otherwise, it is essentially a wagering contract which can be avoided by the insurer. The "stake" that has to exist can be financial, legal, "love and affection", but must exist in a legally recognizable form.


The only person that can change is has already passed away. It is too late to change the beneficiary. However, there may be a law in your jurisdiction that says that it has to be the spouse unless the spouse has signed off on the selection form.


No. The decedent's estate is responsible for paying the debts of the decedent. Generally, an annuity with a named beneficiary is not part of the probate assets much like life insurance payable to a named beneficiary. However, the recipient of an annuity should consult a professional regarding tax issues.


Life insurance paid to your estate could possibly be used to pay off personal debt. However, if the life insurance is paid to a beneficiary, it is their money, not yours, so the beneficiary has no obligation to use the money to pay off your debt.


In most cases, the beneficiary has no specific responsibility to do something with a life insurance payout. However, you should be careful to retain a portion of it to cover taxes that might result because of the income. Additionally, if the recipient of the proceeds gets it on behalf of another person (for example, a parent on behalf of a child), the recipient has a fiduciary duty to hold/use the funds in trust and for the best interests of the intended beneficiary.


It would be possible to write an insurance policy that way if you wanted to, however, normally a life insurance policy pays a fixed amount of money (known as the death benefit) to a chosen beneficiary. If the beneficiary then wished to use that money to pay for a home, that could be done.


Yes. However, they should not be a witness to the will.


As with all life policies, when the insurance company is notified of the death of the insured, they will make every effort to locate the beneficiaries based on what information has been supplied to them by the owner/insured of the policy. However, if they are unable to locate a beneficiary, they are legally required to escheat the amount of the benefit in the beneficiary's name to the State Treasurer's Office of the State their Home Office is in. This amount isn't 'lost', the beneficiary need only contact that Treasurer's office and request it. As to contacting a beneficiary when a premium hasn't been paid? Privacy regulations state that they can't contact anyone on the policy unless the policyowner specifically asks that they do so. The policy is a contract between the company and the policyowner, until the insured dies the beneficiary has no right to any information. == ==


The legal system generally will allow you to contest anything you like. However, you chances of changing a designated beneficiary on someone else's IRA are slim. If you decide to contest a beneficiary, recommend you contact an attorney for advice.


A beneficiary cannot be made responsible. However, they may not get anything from the estate, because it is responsible for ending all debts.


First, a trust cannot hold your Individual Retirement Account.IRAs can be left to a beneficiary by will. However, it is better to designate a beneficiary with the entity that holds the IRA. The designated beneficiary could be an individual(s) or a trust. However, the rules regarding IRAs are complex and the rules for designating a trust as the beneficiary are strict. You should consult with an expert in estate planning.


No. Once an executor has been appointed the beneficiary has no power to deny their authority.The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.No. Once an executor has been appointed the beneficiary has no power to deny their authority.The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.No. Once an executor has been appointed the beneficiary has no power to deny their authority.The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.No. Once an executor has been appointed the beneficiary has no power to deny their authority.The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.


== == == == The life insurance policy will state the face value ( death benefit ) of the policy. However, it may not state the amount that each beneficiary will receive as the number of beneficiaries may have changed since it was issued. Until a claim is paid, the beneficiaries will not know how much they'll receive.


It may or may not but in general does not need to as the life insurance policies are individual contracts and would name a beneficiary who receives the death benefit outside of the will, estate and probate if properly named. Stated otherwise, the proceeds are paid to the beneficiary named in the policy. If that is a person or an entity other than the estate of the deceased, the proceeds do not become a part of the estate. However, if the beneficiary designation of the policy provides that the estate is to be the recipient, the proceeds would be included.


She is not responsible for the medical bill as long as the didn't sign at the hospital saying she was the responsible party. Was the daughter the beneficiary of the life insurance policy? If the beneficiary of the policy was the estate of the insured then the hospital can file a lien against the estate and life insurance to cover the medical bills. If the beneficiary was a funeral home to pay for a prearranged funeral then the hospital cannot attach the policy proceeds. If the beneficiary was the daughter directly then the hospital cannot claim the life insurance proceeds. However, this leaves the daughter with no obligation to use the entire amount for funeral arrangements.



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