by cjones » Wed Jul 17, 2013 06:23 pm
My recently deceased father-in-law named his wife and 4 children as beneficiaries of his life insurance. His wife is a second wife and not the mother of his children. One of his children predeceased him, and that daughter has 3 children (2 minors, 1 adult) of her own (she was divorced, her ex-husband has custody of the minor children). Her estate has not yet been settled. My question is, what happens to her share of the father's life insurance? Does it go to his estate? Her children or her estate? Divided among his remaining beneficiaries?
Posted: Thu Jul 18, 2013 08:31 am Post Subject:
It depends on whether the beneficiaries were listed "per stirpes" or not. If per stirpes then the answer is they get the money. If the beneficiaries are "per capita", then the childen are doomed.
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