A judge, if there is a good enough reason presented to the court.
The Insured can change the beneficiary on a life insurance contract.
Well, in practice, I hope you see the problem with this arrangement: by the time it matters who the beneficiary is, the insured is dead. This presents a conundrum. Legally, any property of the deceased ... including, I suppose, life insurance benefits ... would become the property of the deceased's estate, and that would be distributed according to the will and/or relevant law. So it's not an insurmountable problem. It is more often best that the beneficiary be someone other than the insured. Whenever possible, it is best to keep assets out of your estate.
Yes, If you are the executor of the deceased, legal heir or have other appropriate power of attorney to do so, you can deposit the refund check.
No. You can name who you choose as your beneficiary.
For the most part, no one. A court might make some changes, but those are most likely to be as a result of judicial proceedings taken prior to death, but even that does not contemplate post-death changes. A life insurance policy is a contract, and barring unforeseen circumstances, the insurer is obliged to pay the policy proceeds to the beneficiary(ies) named on the application for the policy when a valid claim for proceeds is presented. If the named beneficiary(ies) pre-decease the insured, the contingent beneficiary (if one has been named) get(s) the proceeds. If there is no contingent beneficiary, subject to the terms of the policy, the proceeds may be payable to the insured's estate. The proceeds would then pass according to the directives of the insured's Will, or if he/she did not have one, according to the jurisidiction's laws of descent and distribution (intestacy).
At the time of the insured's death, the primary beneficiary is legally vested in the benefits under the policy. At the time of the primary beneficiary's death, those benefits would be distributed according to the primary beneficiary's wishes, if legally expressed, and otherwise according to state intestacy laws.
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. == ==
Well, life insurer has the legal responsiblity to intimate the beneficiary during maturity of the policy. But though it is not legally binding, the life insurer ought to send reminder to the beneficiary about unclaimed policy amount, to maintain cordial relationship with the insured/beneficiary of the policy.
Although there is no legal requirement in some states, an insurance company will answer questions from the executor of an estate, owner of the policy, or whoever had power of attorney over the policy at the time of the insured's death. The beneficiary has no right to any information on a policy until a claim is to be paid to them.
If question refers to whether or not the insurance benefit is subject to seizure for child support arrearages. If that is the case, the answer would be yes. Any monies garnered from the insurance benefit that belongs to the obligated parent would be subject to garnishment for child support arrearages. If the named beneficiary of the insurance benefit is deceased and the grandparent(s) are still living, they can legally have the policy amended and another beneficiary named. In that case the monies would not be a part of the deceased grandson's estate and not subject to probate action nor distribution for his debts.
Legally and contractually the named beneficiary is the beneficiary.
No. The check must be endorsed by whomever the check is made out to. This will be the insured on the policy. If the spouse was not the named insured on the policy then she cannot legally endorse the check unless he gives her power of attorney or if he is deceased and she is designated as administrator of the estate by the court.