Who gets life insurance if the insurance company can’t find the beneficiary?
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Angie Watts
Licensed Real Estate Agent
Angie Watts is a licensed real estate agent with Florida Executive Realty. Specializing in residential properties since 2015, Angie is a real estate writer who published a book educating homeowners on how to make the most money when they sell their homes. Her goal is to educate and empower both home buyers and sellers so they can have a stress-free shopping and/or selling process. She has studi...
Licensed Real Estate Agent
UPDATED: Jan 31, 2024
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UPDATED: Jan 31, 2024
It’s all about you. We want to help you make the right coverage choices.
Advertiser Disclosure: We strive to help you make confident insurance decisions. Comparison shopping should be easy. We are not affiliated with any one insurance provider and cannot guarantee quotes from any single provider.
Our insurance industry partnerships don’t influence our content. Our opinions are our own. To compare quotes from many different insurance providers please enter your ZIP code above to use the free quote tool. The more quotes you compare, the more chances to save.
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If the beneficiary of a life insurance policy can’t be found, then the proceeds from the life insurance policy will become part of the deceased person’s estate.
An individual who is buying life insurance will want to inform the beneficiary or beneficiaries that they have been named in the policy and make sure they know the name of the insurance company and where a copy of the policy is stored.
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The policyholder may wish to leave instructions about what to do if the beneficiary cannot be located. For example, he or she may want to leave the proceeds from the insurance policy to a favorite charity.
Primary and Secondary Insurance Policy Beneficiary
A beneficiary to a life insurance policy is the person named on the policy who will receive the benefit when the policyholder dies. The primary beneficiary is the main person who will receive the check from the insurance company. It’s quite common for a person buying life insurance to designate his or her spouse as the primary beneficiary of the life insurance policy.
Read more: How to Buy Life Insurance
The secondary policy beneficiary is the person who will receive the insurance benefits if the primary beneficiary cannot be found or dies before the policyholder does. The named secondary beneficiary could be a child, a parent or anyone else the policyholder would like to give the benefit to.
Minor children should not be named as beneficiaries on a life insurance policy, since legally they are not old enough to receive the proceeds. If they are the money will have to be held in trust until the child turns 18.
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Naming the Beneficiaries of a Life Insurance Policy
When choosing who should receive the proceeds from a life insurance policy, it’s important to be specific about who will be receiving the funds. Rather than saying that the money should go to a “husband,” “wife,” or “spouse,” it’s a good idea to name each beneficiary and update the information when the insured’s life situation changes.
Stating that the proceeds of the life insurance policy should be paid to a person’s spouse may not be specific enough. In the absence of a named beneficiary, the former spouse may be able to come forward to make a claim for at least a portion of the life insurance benefit.
The policyholder is free to choose any number of beneficiaries for the life insurance benefit. Not all of them have to receive an equal share of the payout. An individual who wants to leave money to a hospital or a charity, for example, can specify that the organization receive a certain percentage of the insurance policy benefits. The money can be left to one or several individuals, a business or a trustee.
Read more:
- Best Life Insurance Policies for My Spouse
- How do life insurance payouts work?
- Can you name a child as a life insurance beneficiary?
- Can you name a pet as a life insurance beneficiary?
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Insurance Benefits Paid to the Estate
When the beneficiary of an insurance company cannot be located or does not come forward to claim the policy, the benefits may be paid to the deceased’s estate. This is not considered the best way to deal with the money, since the proceeds may be subject to estate taxes or income taxes.
Another issue associated with having the proceeds of the insurance policy paid to the deceased’s estate is that the funds will be held until the estate is probated. Any debts and bills the deceased owed at the time of his or her death, as well as final income taxes, will be paid before any balance can be distributed to the beneficiaries named in the will.
The process of settling an estate can be a lengthy one, and the beneficiaries don’t get the benefits of having the insurance proceeds in hand quickly. If the deceased had planned that part of the insurance money be used to pay for funeral expenses, the family may find it difficult to cover this expense. Once the bills and other debts have been paid on behalf of the deceased, there may be little, if any, of the insurance funds remaining to go to the beneficiaries.
A better choice is to choose the beneficiaries of the insurance policy carefully and provide their full names and Social Security Numbers so that they can be located when the policyholder dies. If something changes in the policyholder’s personal circumstances, they should update the beneficiary information on the insurance policy accordingly. Getting married or divorced or having or adopting a child all count as life changes that warrant contacting the insurance company. If a named beneficiary dies, then the insurance policy information should be updated as well. (For more information, read our “What happens to life insurance when you get divorced?“).
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Case Studies: Who gets life insurance if the insurance company can’t find the beneficiary?
Case Study 1: Unclaimed Life Insurance Policy
In this case, Mr. Johnson passed away, leaving behind a life insurance policy. Unfortunately, the insurance company was unable to locate the designated beneficiary mentioned in the policy. After conducting thorough research and reaching out to potential beneficiaries, the insurance company declared the policy as unclaimed.
As a result, the proceeds from Mr. Johnson’s life insurance policy were transferred to the state’s unclaimed property division, where they would be held until a rightful beneficiary comes forward.
Case Study 2: Reaching Out to Family Members
Mrs. Rodriguez named her estranged son as the beneficiary of her life insurance policy, but the insurance company faced challenges in contacting him upon her passing. To resolve the issue, the company proactively contacted other family members, such as Mrs. Rodriguez’s siblings and close relatives, to notify them about the policy.
After verifying their identities and establishing their relationship with the deceased, the insurance company distributed the life insurance proceeds among the eligible family members according to the policy’s terms.
Case Study 3: Escheatment to the State
In some cases, if the insurance company exhausts all reasonable efforts to locate the beneficiary and is unsuccessful, the policy proceeds may be subject to escheatment. Escheatment refers to the transfer of unclaimed property to the state government. Let’s consider the case of Mr. Thompson, who passed away without any known beneficiaries and without leaving a will.
The insurance company diligently searched for potential beneficiaries but could not find any. As a result, the policy proceeds were turned over to the state as per the applicable laws governing unclaimed property.
Case Study 4: Designated Charity as Beneficiary
In some circumstances, individuals can name charitable organizations as beneficiaries of their life insurance policy. Transferring benefits becomes challenging if the insurance company cannot identify or contact the designated charitable organization. Ms. Anderson chose a nonprofit foundation as the policy beneficiary, but the insurance company couldn’t verify its existence or contact information.
In such cases, the insurance company may engage legal professionals and regulatory authorities to determine the appropriate course of action, ensuring the funds are utilized in line with the policyholder’s intentions.
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Frequently Asked Questions
Who gets life insurance if the insurance company can’t find the beneficiary?
If an insurance company is unable to locate the designated beneficiary of a life insurance policy, the proceeds may be handled differently depending on the circumstances and the laws of the jurisdiction. Here are some possible scenarios:
- Default to the estate: In some cases, if the beneficiary cannot be found, the life insurance proceeds may be paid to the insured person’s estate. The estate will then distribute the funds according to the terms of the deceased person’s will or the laws of intestate succession if there is no will.
- State unclaimed property programs: If the insurance company cannot find the beneficiary and the policy remains unclaimed for a certain period of time, the funds may be turned over to the state’s unclaimed property division. These programs are designed to hold the funds until the rightful owner comes forward to claim them.
- Escheatment laws: In rare cases, if the beneficiary cannot be located and the policy remains unclaimed for an extended period of time, the funds may be subject to escheatment. Escheatment refers to the transfer of unclaimed property to the state government.
How does an insurance company typically try to find a beneficiary?
Insurance companies employ various methods to locate beneficiaries, including searching through their records, contacting the policyholder’s family and friends, utilizing public records databases, and even hiring third-party investigators. They make diligent efforts to identify and reach out to the designated beneficiary.
What should I do if I believe I may be the beneficiary of a life insurance policy but haven’t been contacted by the insurance company?
If you suspect that you may be the beneficiary of a life insurance policy but haven’t been contacted by the insurance company, it is advisable to take the following steps:
- Gather information: Collect any relevant details, such as the policyholder’s name, date of birth, and policy information if available.
- Contact the insurance company: Reach out to the insurance company directly and provide them with the information you have. Inquire about the policy and ask if you are listed as a beneficiary.
- Submit required documentation: The insurance company may require you to provide certain documents, such as identification and proof of relationship to the insured, to validate your claim.
- Seek legal advice if necessary: If you encounter any difficulties or have concerns about the process, consider consulting with an attorney who specializes in insurance law to guide you through the steps.
Is there a time limit for claiming life insurance proceeds?
Yes, there is typically a time limit for claiming life insurance proceeds. The specific timeframe can vary depending on the insurance company and the laws of the jurisdiction. It is crucial to review the terms and conditions of the policy or contact the insurance company directly to determine the applicable time limit for making a claim.
Can a life insurance policy be contested if the beneficiary cannot be found?
In certain situations, the validity of a life insurance policy can be contested if the beneficiary cannot be found. This may occur if there are doubts regarding the insured person’s intent, the accuracy of the policy documents, or other legal issues. Contesting a life insurance policy usually involves legal proceedings and requires sufficient evidence to support the claim. It is advisable to consult with an attorney experienced in insurance law to navigate this process.
Can a policyholder specify secondary or contingent beneficiaries?
Yes, policyholders can designate secondary or contingent beneficiaries in addition to the primary beneficiary. These secondary beneficiaries will receive the life insurance proceeds if the primary beneficiary predeceases the policyholder or cannot be located. Specifying secondary or contingent beneficiaries can help ensure that the proceeds are distributed according to the policyholder’s wishes in case the primary beneficiary is unavailable or unable to claim the benefits.
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Angie Watts
Licensed Real Estate Agent
Angie Watts is a licensed real estate agent with Florida Executive Realty. Specializing in residential properties since 2015, Angie is a real estate writer who published a book educating homeowners on how to make the most money when they sell their homes. Her goal is to educate and empower both home buyers and sellers so they can have a stress-free shopping and/or selling process. She has studi...
Licensed Real Estate Agent
Editorial Guidelines: We are a free online resource for anyone interested in learning more about auto insurance. Our goal is to be an objective, third-party resource for everything auto insurance related. We update our site regularly, and all content is reviewed by auto insurance experts.