What happens when you are the beneficiary of a life insurance policy?
Your life insurance company will make payments after your death to the person you name in your policy. This person is called your beneficiary. You can name more than one beneficiary. Your beneficiaries can use the money to pay bills and living expenses, pay off debts, pay for college, and other things.
A life insurance beneficiary is the person or entity that will receive the money from your policy's death benefit when you pass away.
Be mindful that investigations are a standard practice for life insurance companies to ensure that claims are legitimate and to protect the interests of both policyholders and beneficiaries, however, if there is an unreasonably long delay, it would be prudent to speak to a life insurance lawyer to discuss.
A beneficiary is the person or entity that you legally designate to receive the benefits from your financial products. For life insurance coverage, that is the death benefit your policy will pay if you die. For retirement or investment accounts, that is the balance of your assets in those accounts.
In this case, the proceeds of the policy would be paid to the estate or trust and then distributed according to instructions in a will or trust document. The process for receiving life insurance proceeds depends on whether you are a named beneficiary or will inherit through the estate.
Individuals can receive inheritance money in different ways including through a trust and from a will, which can come with restrictions, or as a beneficiary on a bank or retirement account.
In most cases, the beneficiary listed on the life insurance policy has the right to claim the payout regardless of the instructions in the will. It's also a good idea to name a contingent beneficiary on your insurance policy if your primary beneficiary is unable or unwilling to accept the payout.
Many life insurance companies try to contact beneficiaries if the beneficiaries don't contact them first. The “catch” is that there's no automatic process that tells them about policyholder deaths.
Creditors typically can't go after certain assets like your retirement accounts, living trusts or life insurance benefits to pay off debts. These assets go to the named beneficiaries and aren't part of the probate process that settles your estate.
Upon confirmation, the insurer will reach out to the beneficiaries directly or through a legal representative with information about how to collect the death benefit. That said, if you already know that you're on the policy, the first step would be to report the death to the insurer by filing a death claim.
What are the cons of being a beneficiary?
- Estate taxes. Property transferred may be taxed.
- No asset protection. The beneficiary receives the property without protection from creditors, divorces, and lawsuits.
- Medicaid eligibility. ...
- No automatic transfer. ...
- Incapacity not addressed. ...
- Problems with beneficiaries.
Beneficiaries have the right to information about the asset, including the decedent's will or trust, the value of the asset, and any other relevant information such as appraisals or valuations. This information should be provided promptly and in a transparent manner.
The primary beneficiary is the first choice of beneficiary made by a financial account owner. While other beneficiaries also may be listed in account or estate documents, this person or organization will receive all the assets in an account.
Generally, next of kin is a legal term that determines who inherits a person's property or who makes funeral arrangements if you die intestate (without a will). Your permanent life insurance policy is part of your estate, but only your named beneficiaries will receive the proceeds outside of one exception.
In many cases, it takes anywhere from 14 to 60 days for beneficiaries to receive a life insurance payout. But many factors impact this time frame. These include the insurance company's procedures, when the claim is filed, how long the policy was active, the cause of death, and state laws regarding insurance payouts.
Generally, life insurance proceeds you receive as a beneficiary due to the death of the insured person, aren't includable in gross income and you don't have to report them. However, any interest you receive is taxable and you should report it as interest received. See Topic 403 for more information about interest.
If your sole beneficiary dies
If your sole primary beneficiary passes away, the death benefit would go to any contingent beneficiaries you named when you applied for your policy. In the event you didn't designate any contingent beneficiaries, the death payout would likely go directly into your estate.
In general, any inheritance you receive does not need to be reported to the IRS. You typically don't need to report inheritance money to the IRS because inheritances aren't considered taxable income by the federal government. That said, earnings made off of the inheritance may need to be reported.
How Does Inheritance Work? To receive an inheritance, usually the estate must first go through probate. A court will supervise this process, which includes reviewing the will, if applicable, determining the value of assets, locating assets, paying bills and taxes and distributing the assets to the rightful inheritors.
When you sign off on your Will, you might feel relaxed with the belief that your estate plan is complete. Typically, there's peace of mind that comes with knowing that your estate will be distributed according to plan. However, don't be too quick to relax. Typically, a beneficiary designation overrides a Will.
Does life insurance beneficiary supercede will?
In general, life insurance beneficiaries generally overrule a will. For instance, if your will states that you want your partner to receive your death benefit, but the policy itself lists your sibling as the only beneficiary, your sibling will be eligible to receive the death benefit and your partner will not.
Beneficiaries are entitled to an accounting–a detailed report of all income, expenses, and distributions from the estate–within a reasonable amount of time. Beneficiaries are also entitled to review and approve any compensation requested by the executor.
Gather Necessary Documents
These may include a certified copy of the death certificate, the policy document, and a completed beneficiary statement. In some cases, you may also need to provide additional documentation, such as proof of identity and relationship to the deceased.
- Talk to your loved one while they're still alive. ...
- Look through financial documents. ...
- Contact the life insurance company. ...
- Use a life insurance policy locator. ...
- Check with the policyholder's state.
There is no time limit for beneficiaries to file a life insurance claim. However, the sooner you file a claim for a death benefit, the sooner you will receive your money. Filing as soon as possible makes sense because the insurer could need a month or longer to investigate the claim before paying out.
References
- https://finance.yahoo.com/news/beneficiary-designations-vs-wills-care-140023243.html
- https://www.cordobafirm.com/blog/what-causes-an-inheritance-dispute/
- https://www.progressive.com/answers/life-insurance-beneficiary/
- https://www.moneygeek.com/insurance/life/how-to-choose-beneficiaries/
- https://quizlet.com/212790983/chapter-5-life-insurance-flash-cards/
- https://www.aflac.com/resources/life-insurance/reasons-life-insurance-wont-pay-out.aspx
- https://ourbendlawyer.com/estate-planning-probate/transfer-of-assets-without-probate/using-beneficiary-designations-in-your-estate-plan/
- https://www.policygenius.com/life-insurance/what-happens-when-your-life-insurance-beneficiary-dies-before-you/
- https://www.guestandgray.com/what-are-the-rights-of-beneficiaries.html
- https://benaters.com/news-and-insights/how-long-does-it-take-to-settle-a-deceased-estate
- https://trustandwill.com/learn/beneficiary-designation-vs-will
- https://www.investopedia.com/ask/answers/061016/do-checking-accounts-have-beneficiaries.asp
- https://www.policygenius.com/trusts/how-to-distribute-trust-assets-to-beneficiaries/
- https://smartasset.com/financial-advisor/disclaim-inheritance
- https://www.insure.com/life-insurance/spouse-right-to-life-insurance-money.html
- https://lawpath.com.au/blog/how-to-remove-a-beneficiary-from-a-trust
- https://www.trustage.com/learn/understanding-insurance/how-to-name-a-beneficiary
- https://www.farrensheehanlaw.com/how-do-i-remove-a-family-member-from-my-will/
- https://www.debt.org/advice/deceased-relatives/
- https://www.findlaw.com/estate/planning-an-estate/transfer-your-life-insurance-policy-to-lower-your-estate-tax.html
- https://smartasset.com/estate-planning/what-happens-to-a-bank-account-when-someone-dies-without-a-beneficiary
- https://www.trustage.com/learn/life-insurance/does-life-insurance-pay-out
- https://www.mittenlaw.com/what-happens-when-a-primary-beneficiary-dies/
- https://havenlife.com/blog/how-long-after-a-person-dies-will-beneficiaries-be-notified/
- https://turbotax.intuit.com/tax-tips/estates/4-ways-to-protect-your-inheritance-from-taxes/L653s0Kyn
- https://www.guardianlife.com/how-to-find-a-policy
- https://lifehappens.org/life-insurance-101/who-can-be-a-life-insurance-beneficiary/
- https://www.policygenius.com/life-insurance/sharing-life-insurance-with-siblings/
- https://www.investopedia.com/how-long-does-a-beneficiary-have-to-claim-a-life-insurance-policy-5075605
- https://www.helpwithmybank.gov/help-topics/bank-accounts/required-identification/id-beneficiary-ssn.html
- https://www.cnbc.com/2018/06/06/banking-after-death.html
- https://smartasset.com/estate-planning/what-happens-to-an-inheritance-if-a-beneficiary-has-died
- https://www.securian.com/insights-tools/articles/naming-a-life-insurance-beneficiary.html
- https://www.aflac.com/resources/life-insurance/how-to-find-out-if-you-are-a-life-insurance-beneficiary.aspx
- https://havenlife.com/blog/how-to-override-life-insurance-beneficiary/
- https://www.debt.org/advice/inheriting/
- https://www.progressive.com/answers/life-insurance-beneficiary-vs-will/
- https://quizlet.com/651607647/chapter-5-family-first-life-insurance-life-insurance-premiums-proceeds-and-beneficiaries-flash-cards/
- https://www.nerdwallet.com/article/insurance/debts-after-death-life-insurance
- https://extension.umn.edu/transfer-and-estate-planning/life-insurance-and-estate-planning
- https://www.quickquote.com/who-is-considered-the-next-of-kin/
- https://www.guardianlife.com/life-insurance/death-benefits
- https://www.policygenius.com/life-insurance/how-do-life-insurance-companies-make-money/
- https://www.lifeinsuranceattorney.com/blog/2021/september/a-relative-changes-life-insurance-beneficiary/
- https://www.courts.ca.gov/8865.htm
- https://fidelitylife.com/life-insurance-basics/life-insurance-101/reasons-life-insurance-wont-pay-out/
- https://ameriestate.com/estate-planning/can-a-beneficiary-refuse-a-trust-distribution/
- https://www.marketwatch.com/guides/insurance-services/what-debts-are-forgiven-at-death/
- https://www.prudential.com/links/help-center
- https://www.marketwatch.com/guides/insurance-services/cash-value-life-insurance/
- https://www.metlife.com/stories/legal/can-you-inherit-debt/
- https://www.coloniallife.com/-/media/Main/PDFs/Service-Forms/change-of-beneficiary-frequently-asked-questions.ashx
- https://www.irs.gov/faqs/interest-dividends-other-types-of-income/life-insurance-disability-insurance-proceeds
- https://www.investopedia.com/articles/personal-finance/121914/life-insurance-policies-how-payouts-work.asp
- https://www.protective.com/learn/difference-between-an-irrevocable-beneficiary-and-revocable-beneficiary-in-life-insurance
- https://stevensonlawoffice.com/executors-right-to-withhold-money-from-beneficiaries-explained/
- https://www.experian.com/blogs/ask-experian/what-happens-to-bank-account-when-you-die/
- https://www.bankrate.com/insurance/life-insurance/life-insurance-benificiary-dies/
- https://www.quora.com/Does-the-oldest-child-always-inherit-when-there-are-more-children-born-after-them
- https://www.investopedia.com/terms/g/guaranteed-issue-life-insurance.asp
- https://www.investopedia.com/terms/b/beneficiary.asp
- https://www.sproutt.com/glossary/policy-owner
- https://www.policygenius.com/wills/beneficiary-designation-vs-will/
- https://www.nerdwallet.com/article/insurance/choose-life-insurance-beneficiaries
- https://www.thrivent.com/insights/life-insurance/what-happens-to-life-insurance-with-no-beneficiary
- https://www.marketwatch.com/guides/insurance-services/life-insurance-inheritance/
- https://www.forbes.com/advisor/life-insurance/cash-value-life-insurance/
- https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-beneficiary
- https://www.aflac.com/resources/life-insurance/what-happens-when-your-life-insurance-beneficiary-is-deceased.aspx
- https://www.aflac.com/resources/life-insurance/contesting-a-life-insurance-beneficiary.aspx
- https://californialivingtrusts.com/resources/articles/estate-planning-no-family/
- https://www.selectquote.com/life-insurance/articles/should-you-transfer-life-insurance-to-your-children
- https://www.quora.com/If-someone-is-the-beneficiary-of-a-trust-fund-can-they-withdraw-money-from-it-at-any-time
- https://www.statewideprobate.com/are-life-insurance-proceeds-assets-in-probate/
- https://www.forbes.com/advisor/life-insurance/guaranteed-life-insurance/
- https://smartasset.com/estate-planning/what-is-a-sole-beneficiary
- https://www.antonelli-legal.com/faqs/faq-what-is-a-beneficiary.cfm
- https://life-insurance-law.com/disputing-life-insurance-beneficiary/
- https://www.investopedia.com/terms/l/lifeinsurance.asp
- https://www.investopedia.com/terms/d/deceased-account.asp
- https://grissomlawfirm.com/heir-beneficiary-death/
- https://www.actec.org/resource-center/video/inheritance-and-estate-settlement-when-will-i-get-my-money/
- https://www.waffleinsurance.com/resources/insuranpedia/what-is-the-process-for-adding-or-removing-a-beneficiary-from-my-life-insurance-policy
- https://www.nerdwallet.com/article/investing/estate-planning/how-long-does-the-executor-have-to-pay-the-beneficiaries
- https://www.titan.com/articles/how-do-you-receive-inheritance-money
- https://www.kwil.co.uk/Guides/What-happens-if-a-beneficiary-dies-before-receiving-their-inheritance
- https://www.ramseysolutions.com/retirement/what-is-a-beneficiary
- https://www.efinancial.com/resources/life-insurance-beneficiary-dies/
- https://www.allstate.com/resources/life-insurance/life-insurance-beneficiary
- https://content.naic.org/cipr-topics/life-insurance-illustrations
- https://www.lifeinsuranceattorney.com/blog/2023/may/who-is-eligible-and-ineligible-to-be-a-life-insu/
- https://kasmanninsurance.com/2017/common-life-insurance-mistakes/
- https://www.aflac.com/resources/life-insurance/life-insurance-beneficiary-vs-a-will.aspx
- https://trustandwill.com/learn/who-should-be-my-beneficiary
- https://www.policygenius.com/life-insurance/can-you-change-your-life-insurance-beneficiary/
- https://www.investopedia.com/terms/n/next-of-kin.asp
- https://www.trustage.com/learn/life-insurance/finding-out-beneficiary
- https://skyviewlaw.com/blog/how-is-inheritance-distributed/
- https://www.tmlawyers.com/?resources=know-your-rights-as-a-beneficiary
- https://www.usnews.com/banking/articles/bank-account-rules-after-death
- https://www.policygenius.com/life-insurance/who-you-should-never-name-as-your-life-insurance-beneficiary/
- https://www.dfs.ny.gov/consumers/life_insurance/types_of_policies
- https://www.nerdwallet.com/article/insurance/is-whole-life-insurance-good-investment
- https://www.investopedia.com/articles/06/refuseinheritance.asp
- https://www.lifeinsuranceattorney.com/blog/2023/may/what-are-the-reasons-for-a-life-insurance-compan/
- https://trustandwill.com/learn/will-changes
- https://www.kaveshlaw.com/faqs/bank-accounts-and-california-probate.cfm
- https://www.westernsouthern.com/life-insurance/is-life-insurance-part-of-an-estate-after-death
- https://www.keystonelawfirm.com/blog/pros-cons-using-beneficiary-deed/
- https://www.investopedia.com/terms/i/irrevocablebeneficiary.asp
- https://www.inheritancefunding.com/inheritance-process-guide/
- https://whlawoffices.com/blog/how-do-i-see-if-im-a-life-insurance-beneficiary/
- https://www.trustage.com/learn/inside-insurance/finding-out-beneficiary
- https://www.aflac.com/resources/life-insurance/life-insurance-with-no-beneficiary.aspx
- https://glennwestlaw.com/2023/02/14/does-an-executor-have-to-show-accounting-to-beneficiaries/
- https://www.bankrate.com/banking/what-happens-to-your-bank-account-after-death/
- https://www.moneylion.com/learn/does-a-will-override-a-beneficiary-on-a-bank-account/
- https://www.quora.com/Can-someone-be-removed-from-a-life-insurance-policy-without-the-consent-of-the-other-beneficiaries
- https://www.moneygeek.com/insurance/life/can-a-life-insurance-beneficiary-be-changed-after-death/
- https://www.co-oplegalservices.co.uk/making-a-will/executor-top-tips/