Legal Question in Insurance Law in South Carolina

Owner of policy dies before the insured

My spouse died, 1/11/97 in South Carolina. His mother died 9/29/00 in Pennsylvania. Ins agent called me. Said my spouse and his 3 sibblings were owners of 5 policies (total 1.5 millon), the insured was his mother. Later the agent called back and said ''per stirpes'' applied and that my deceased husband's share of the policy would be paid to his children. Was I ever do anything when he pre-deceased his mother? (Cash surrender value?) The agent said the issue is closed because of the ''per stirpes'' clause. I asked him if I should check with an attorney. He said, ''what for''. Any suggestions? Thank you.


Asked on 2/15/01, 1:07 am

1 Answer from Attorneys
Alton L. Martin, Jr. Martin & Martin Attorneys, PA

Re: Owner of policy dies before the insured

You were not due anything when your husband died. No amount was due until the death of your mother-in-law. You should request a copy of the policy to verify the "per stirpes" language. Once you have been provided with a copy of the policy, have an attorney look at it that is familiar with wills and estates.

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Answered on 3/30/01, 9:36 am


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