Lawsuits from the Minnesota Attorney General should serve as
an important reminder to anyone who has a life insurance policy as part of
their estate plan.
Life insurance policies play a pivotal role in many estate
plans. They are often used to provide needed cash to family members to bridge
the gap between when the policy holder passes away and when the estate is
settled. They can also be used to help equalize estate distributions between
heirs when other assets are difficult to divide.
What if the life insurance company does not pay
beneficiaries? In that case the goals of the estate plan are not met. It
happens more than most people think.
In fact, this happens so often that the state of Minnesota
has sued several life insurance companies and recovered approximately $200
million as CBS Minnesota reports in "State Suing Life Insurance Companies For Not
Paying Beneficiaries."
The biggest source of the problem? Beneficiaries of the life
insurance policies do not know that they are life insurance beneficiaries. As a
result, they do not file a claim.
Even if the companies know that the policy holder has passed
away, they do not seek out the beneficiary and pay on the policy. In most cases
they are not legally required to do so. They can keep the money and use it for
their own purposes until a claim is filed.
The lesson to be learned from this is that when life
insurance is a part of your estate plan, then you need to ensure that the
beneficiaries are aware of the policy and know to file a claim when you pass
away. You do not have to tell them before you pass away, but someone reliable
should know at least where to find your policy documents at the appropriate
time.
If you need an estate
planning attorney in Orange County, please visit our website at www.OCElderLaw.com, or call us at
714-525-4600. You can also visit us at our Corona Estate Planning
attorney’s office, located at 1185 Magnolia Avenue in Corona, or call
951-264-5732. We can walk you through all the details of setting up your estate
plan and making sure your life insurance benefits will be well planned out.
Reference: CBS Minnesota (May 18, 2016) "State Suing Life Insurance Companies For Not
Paying Beneficiaries."
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