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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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If my mother recently passed away and I am 50% benefeciary

Customer Question

If my mother recently passed away and I am 50% benefeciary on the insurance policy through the insurance company but for some reason when my grandmother had my mother do her will when she was pretty much not there my grandmother had it out in there that
the insurance money would be split 4 ways. The insurance company told me that the beneficiary through them is who's money it is regardless of what a will may state is this correct?
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. The insurance company is correct. Any insurance policy, pension, Certificate of Deposit, Annuity, or any other specific vehicle that has a specific beneficiary set always controls over a will. The reason is because a will puts forth final demands for anything that was not specifically listed---it is a 'general' split of all of the assets. An insurance policy is not part of the will--insurance is not part of the estate, and it is deemed a 'specific' transfer under law. For the mother to claim a right to the policy there had to have been a 'beneficiary change form' sent, or some change to the beneficiaries communicated or attempted, even if unsuccessfully. But if the insurer was never contacted and no change was attempted, the current beneficiaries which are listed are entitled to the proceeds. Sincerely, ***** *****