When a Life Ins beneficiary dies shortly before the insured dies, who gets the insurance pay out...the beneficiary's heir??
Son & wife live(d) in CA and mother lived (& died) in CO. The policy originated by mother in 1943 when living in Rhode Island. Original beneficiary was her father. When she married, it was changed to her husband. When he died in 1990 it was changed to her married son.
2 attorney answers
Since the son died before the insured, the policy will govern. Most policies have at least one backup beneficiary and mom should have named one when the son became primary. If no backup beneficiary, it will go to mom's estate and be distributed under her will or Colorado's intestacy statutes.
When the person gives you money, the person has an attorney and the attorney has a client, but not until then. Inspired by words of Abraham Lincoln
If there is a contingent beneficiary, that beneficiary will be entitled to the proceeds from the policy. If there is no contingent beneficiary, the “estate” will get the proceeds. If the policy is more than $166,500, probate will be required. If less, a properly executed Affidavit of Collection of Personal Property may suffice. Have an attorney review the facts.