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    knowhim71's Avatar
    knowhim71 Posts: 1, Reputation: 1
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    #1

    Jun 15, 2009, 05:28 PM
    Estate (law)
    I am curious to know if in the state of California if this is correct: if the deceased owned life insurance and nominated a beneficiary of the policy, the proceeds of that policy would not pass into the deceased's estate, but would go directly to the nominated beneficiary.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jun 15, 2009, 05:39 PM

    In every state I know of or have worked in the insurance industry, if there is a beneficiary and that beneficiary is alive the money goes directly to them and does not go into the estate.

    There can of course be exceptions
    For example if a child support order stated that the parent has to have a policy on a child.
    But they don't , the other parent could put a claim against the policy because it was ordered to name the child as a beneficairy but they did not.

    *** this is a real case going on right now. Not sure how the court will rule on it.

    But unless there is a claim or law suit against the policy it will not go into probate

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