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Home » Article » Does Insurance Coverage Cash Need to go Through Probate?

Does Insurance Coverage Cash Need to go Through Probate?

September 7, 2015Article

Does Insurance Coverage Cash Need to go Through Probate?

The money that is compensated out from lifestyle plans to recipients on the loss of life of the insured does not necessarily need to go through the probate process. Probate is the procedure of settling the estate of an individual who has passed away. LA Probate Law says an estate consists of estate that the dead owned at the time of loss of life. Probate re-titles the estate, putting it into the name of the individual who was chosen to get the estate. The individual who receives estate from the individual who passed away is known as the known as beneficiary. Whether the cash from an insurance plan coverage will go through probate depends on who is known as the known as beneficiary of the cash. If an individual, other than the individual that passed away is known as the known as beneficiary of the coverage, then the cash goes directly to the known as beneficiary, which saves money. This is because an insurance plan coverage is a contract with protection provider that a specifically state who will be compensated money after the individual who is insured dies. Since payment of the coverage continues to the successor is in the contract, there is no need for the coverage to go through probate.

Payable to the Estate

If you name your estate as the known as beneficiary of your insurance plan, the loss of life advantage will be compensated to the executor of your estate when you die and will become subject to probate. You might name your estate as the known as beneficiary of your insurance plan if you aren’t sure who you want to name. However, you usually buy insurance plan because you want to make sure the individual you name as the known as beneficiary has enough money when you are gone. It would be unusual not to have a specific known as beneficiary in mind when buying insurance says LA Probate Law. If you have team insurance plan through your employment, you should ask the manager to provide you with a copy of any known as beneficiary elections you made. If you have known as your estate, you should consider changing the election to an individual or persons. Some employers may establish insurance plan as an advantage to its retirees. Check with the manager to learn whether this is an advantage offered by your organization, how much it is worth, and who is known as known as beneficiary. Then again, some people may have known as their estate as the known as beneficiary because they didn’t realize it would subject. You might think that naming your estate as known as beneficiary is the same as naming an individual, because you know that your estate will belong to your family. Your insurance plan continues may end up going to your family but, when you name the estate, you are unnecessarily subjecting the loss of life advantages to the cost and delay associated with probate.


Circumstances to Consider

There are other circumstances in which you might have known as your estate as known as beneficiary. It is not uncommon, says LA Probate Law, when you are employed that your organization provides employee advantages. One of the advantages that might be offered to you is what is called team insurance plan. Group insurance plan is typically term insurance. It is in force only as long as you are employed and the premiums are compensated by you or your organization. There is rarely a cash value associated with it. Group insurance plan does not mean that a loss of life advantage is compensated to a list of people; it means that because you are a member of the employer’s team, you are entitled to a stated amount of insurance advantages compensated to the known as beneficiary or recipients you name. What happens to my insurance plan coverage if I divorce and my ex-spouse is still listed as my beneficiary? If you die before changing your known as beneficiary status, the court will more than likely treat the ex-spouse known as beneficiary as dead, and the continues would go to your estate. You should promptly change your known as beneficiary status form if you are divorced. When you were filling out all of the documents before you started your job, you may not have given much thought to who you wanted to name as the known as beneficiary of the team insurance plan advantage. You may have checked the box on the documents that said “pay the loss of life advantage to my estate.” In the back of your mind you might have thought that it didn’t matter if the known as beneficiary was an individual or your estate; the loss of life advantage would ultimately go to your heirs.

Questions for Your Attorney

If you are interested in managing your finances and your estate so that your family does not have to go through probate, you may want to contact an experienced estate planning lawyer for advice. You may want to ask your lawyer the following questions: What is the best method of leaving insurance plan money to my partner and children? Is it better to set up a trust to get the coverage money or to name a known as beneficiary to directly get the money? LA Probate Law asks Life insurance continues can avoid probate if you have selected the right known as beneficiary. If your insurance plan coverage is due to an individual and is not compensated to your estate, the coverage loss of life advantage will not be subject to probate. This means that as soon as the successor files a claim with the provider, and the claim is approved, the provider will make a direct payment to the successor. If you have more than one known as beneficiary, the provider will pay the loss of life advantage to the recipients in the proportion you designated when you applied for and purchased the or according to any changes of known as beneficiary you have made since then.

Does Insurance Coverage Cash Need to go Through Probate?

 

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Scott Schomer, Estate Planning Attorney
Scott Schomer, Estate Planning Attorney
A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Scott has served as a member of the Los Angeles Superior Court Probate Volunteer Panel (PVP Attorney), Probate Settlement Panel and a Judge Pro Tempore. Scott's expertise has been recognized by his peers with such accolades as a life-time membership in the Multi-Million Dollar Advocates Forum, the Five Star Wealth Manager designation, and repeated nominations as California Super Lawyer.
Scott Schomer, Estate Planning Attorney
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