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Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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In the state of Illinois, if a person has 1 life insurance

Customer Question

In the state of Illinois, if a person has 1 life insurance policy, pass away, and make the beneficiary a non-immediate family beneficiary, are they required to cover the cost of the funeral from the proceeds of the 1 life insurance policy
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

No the life insurance is considered a contract and it passes by contract law to the named beneficiary.Creditors or heirs under the will cannot access it for funeral or other debts.The beneficiary gets it tax free and without any legal restrictions here .

If a person wants to make sure his bills are paid he names the estate as beneficiary, does a will and then the estate must pay for it off the top prior to any heirs getting it.Unless this is done the beneficiary here gets it free and clear under contract law.It is the same as a bank account here with a named beneficiary it passes to that person outside probate.

I appreciate the chance to help you and provide you the law here for your reference.Please let me know if you have more follow up.Thanks again.

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