Legal Question in Wills and Trusts in Pennsylvania

My father passed away recently. He has life insurance which named his four children as beneficiaries since my mother passed away years ago. My sister who is named as one of the beneficiaries passed away within the past couple years. Legally does her share go to her surviving spouse, her daughter, or the remaining three children listed as beneficiaries?

Thank you,

Donna


Asked on 8/08/10, 11:38 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Your deceased sister's share of the life insurance will probably go to her estate. When you and your siblings contact the insurance company, and you should do that sooner rather than later, tell them of your sister's death and find out how they want to handle the payment of her share.

If an estate was opened for you sister, the payment for her share will probably be made payable to her estate.

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.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 8/13/10, 11:55 am

Donna,

Life insurance passes outside a will to the named beneficiaries. So you and your siblings would inherit your father's life insurance proceeds. Since your father died after your sister, did your father happen to change his life insurance policy regarding the share of the deceased sibling and name another beneficiary? If not, and if she is still named, then the insurance company only will pay the proceeds over to the personal representative of her estate. If there is no estate pending for her, one will have to be set up. Her share of the life insurance will then pass as per her will, if she has one, and via intestacy if she does not.

You do not indicate the amount involved or where your sister lived at the time of her death, so I cannot tell you what the specifics might be. Usually, every state has intestacy laws that provide that the share of a deceased person will be divided between the surviving spouse and the child.

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Answered on 8/13/10, 8:07 pm


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