Can a life insurance policy benefit be paid if the estate is contested?

Question

My grandfather passed away and left an insurance policy in my name. My mother is contesting the last will and testament due to another family member completing fraudulent acts with my grandfather's account.

I was told that I can not cash my policy because it is a part of his estate. Is this correct?

You should include a tag for your country. Is your mother the executor of the estate? — mhoran_psprep, Oct 15 '18 at 23:00
When you say "left a insurance policy in my name", do you mean specifically that you are the designated beneficiary on the insurance policy itself -- as opposed to mention in the will? Or something else? Also, please specify your jurisdiction (country), as laws vary. — Chris W. Rea, Oct 15 '18 at 23:01
My answer to the question If I’m beneficiary on a life insurance policy can gamy make me share it? may be relevant: in many jurisdictions (including the UK and US), the benefits from an insurance policy are never "owned" by the person who died, and therefore not normally part of their estate as far as a will is concerned. — TripeHound, Oct 16 '18 at 06:53
If the life insurance policy is potentially one of the "fraudulent acts", then it possibly could be held up due to the contestation. — D Stanley, Oct 16 '18 at 13:30

score 1 · Answer 1 · edited Dec 20 '18 at 02:02

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Yes and no. The life insurance does not count as part of the estate.

BUT: if the payment to the insurance was made shortly before death, the insurance may be able to be reclaimed - you can NOT use a life insurance (one time payment in) to bypass inheritance laws.

The time limit may be years - it is similar to a present in this case. Depending on jurisdiction there is alsoa tax issue if the insurance was opened in this case and with a lot of money (gift tax).

edited Dec 20 '18 at 02:02

JTP - Apologise to Monica

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answered Oct 17 '18 at 07:43

TomTom

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Correct, it is not part of the estate. Note that you may not even need permission to insure your Grandfather, and if the policy was in your name you it was always yours. – mckenzm Dec 20 '18 at 03:51

Can a life insurance policy benefit be paid if the estate is contested?

1 Answers1