Legal Question in Wills and Trusts in New Jersey

my dad recently passed away and left my sister and I each a life insurance policy ,do we still get it even if its not listed in the will? and do we have to share it with my brother even though he is not named on the policies?


Asked on 9/09/15, 3:06 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

If the life insurance policies each named a beneficiary, the policies aand their proceeds are not part of your father's estate and do not pass under the will. They are a contract, and the named beneficiary is the only person entitled to the proceeds. Unless your brother is a named beneficiary, he is not entitled to any of the proceeds. The policy does not have to be listed in the will, and in fact, even if it were in the will, the will would not govern how the policy is paid, except if the policy did not have a named beneficiary.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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Answered on 9/09/15, 8:33 pm


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