In case there is no Nomination in the policy bond be it spouse or any one else, Insurance Company as per law, will only pay the maturity/survival proceeds to the legal heir of the policy holder only.
That depends on how the owner of the account has arranged the beneficiary designation. There may be a contingent beneficiary or the gift may lapse and become part of the testator's intestate estate. In that case it would pass to the heirs-at-law. That question should be asked when the beneficiary designation is arranged at the bank.
When no beneficiary has been designated the proceeds of a life Insurance policy are assigned to the probate estate of the deceased insured. It would then be apportioned by the probate court to any surviving heirs.
It is the responsibility of the person holding the life insurance policy to keep the beneficiary data updated as necessary. In the scenario in the question, the ex girlfriend was listed as the beneficiary ... and will be awarded the proceeds from the policy. Unfortunately, there is little the spouse can do to stop that. The beneficiary designation is binding and will hold up in a court of law.
Incase something happens to the first beneficiary. Such as: they pass away.
If a beneficiary under a policy is deceased, and if the beneficiary designation did not provide for an alternate beneficiary, then the proceeds are payable to the insured's estate. To access the proceeds, you would probably need to go through probate or some other form of proceeding for the passing of a decedent's assets.
If the account owner of a joint account with survivorship also has a Payable on Death (POD) designation listed for that account, the benefits of the account will be paid out in accordance with the POD designation. This means that upon the account owner's death, the funds in the account will be transferred to the individual(s) named as the POD beneficiary/beneficiaries, rather than being transferred to the co-owner(s) of the joint account with survivorship.
Generally the language in the will directs how the estate will be distributed provided that the will was carefully drafted by a competent attorney. A gift to a deceased beneficiary may pass to her/his heirs, her/his siblings or may lapse and pass into the residuary of the estate to be shared by all the other beneficiaries. The testator has the power to decide while the will is being drafted. If the testator has died you should have the will reviewed by an attorney to determine who receives the share of a beneficiary who predeceased the testator. If the will has been filed for probate then speak to the attorney who is handling the estate.
Generally the language in the will directs how the estate will be distributed provided that the will was carefully drafted by a competent attorney. A gift to a deceased beneficiary may pass to her/his heirs, her/his siblings or may lapse and pass into the residuary of the estate to be shared by all the other beneficiaries. The testator has the power to decide while the will is being drafted. If the testator has died you should have the will reviewed by an attorney to determine who receives the share of a beneficiary who predeceased the testator. If the will has been filed for probate then speak to the attorney who is handling the estate.
If it is your sole account you should always name a beneficiary. The bank will assist you if you visit any branch. If no beneficiary was named the funds in the account become part of the owner's estate upon death. If the account is a joint account with the right of survivorship the full ownership will pass automatically to the surviving joint owner (who should then name a beneficiary through the bank).
A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?
If an insured has a policy where there is no named beneficiary, or the named beneficiary is deceased, then the benefit will be paid to the insured's estate.
Beneficiary.