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The named beneficiary in a life insurance policy is presumptively the correct recipient of the death proceeds. Therefore, all other things being equal, the insurer will pay the proceeds to that person upon receipt of proof of death, a completed claim for death benefits, and all other required material. The beneficiary may generally be changed at any time prior to death, so if there is a change of heart as to who is to get the proceeds, it should be done during the lifetime of the insured on a "change of beneficiary" form prescribed by the insurer and returned to the insurer.

If the beneficiary of the policy is shown as "the estate of" the named insured, proceeds will generally be paid to the estate via the personal representative. In general, proceeds will become a part of the estate and pass according to the provisions of the Will. If, prior to death, it is determined that someone prevailed upon the decedent to name him/her as the recipient of the life insurance proceeds that may be paid to the estate, the best route is prepare a codicil to the Will that clarifies the decedent's intentions. Most states require that a codicil be signed with the same formalities as the original Will.

A potentially complicating factor is whether the decedent had the capacity (i.e. mental wherewithal) to execute the codicil--especially if he/she could have been taken advantage enough to have been talked into naming someone as a beneficiary to the life insurance policy that they did not really want. This issue of capacity could end up being litigated in probate court.

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15y ago

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