Question
Kansas
My father was killed in an auto accident. We learned, days after his death, that he had an "accidental death and dismemberment policy" for a significant amount of money. His wife and he had been legally seperated for approximately 2 years prior to the accident and death. She is listed as the sole beneficiary to that policy. Does that beneficiary still stand? Or, can or should this money be put into his estate and divided among his surviving children? (All children are adult children - not dependents).
Answer
Originally posted by tanakarr
Kansas
My father was killed in an auto accident. We learned, days after his death, that he had an "accidental death and dismemberment policy" for a significant amount of money. His wife and he had been legally seperated for approximately 2 years prior to the accident and death. She is listed as the sole beneficiary to that policy. Does that beneficiary still stand? Or, can or should this money be put into his estate and divided among his surviving children? (All children are adult children - not dependents).
My response:
Does that beneficiary still stand? Yes.
He could have changed his beneficiary, but obviously, he didn't - - which can only mean one thing - - it was still his intent that his wife, though separated, still take from the policy.
End of story.
IAAL
Answer
Yes, the beneficiary is as listed on the policy. My friends' husband was killed in a car accident and he still had his parents listed as beneficiary, even though they were married for 2 years. His parents kept all the money.