Eligible and ineligible people as beneficiaries to life insurance policy (2024)

Our life insurance law firm would like you to know who is eligible and who is ineligible with respect to being a life insurance beneficiary. We handle all life insurance beneficiary disputes and interpleader lawsuits.

Eligible Beneficiaries:

  • Primary Beneficiary: The primary beneficiary is the individual or entity designated by the policyholder to receive the death benefit upon their passing. This can be a spouse, child, relative, friend, or any person or organization chosen by the policyholder.
  • Contingent Beneficiary: A contingent beneficiary is an alternative recipient named by the policyholder to receive the death benefit if the primary beneficiary is unable or unwilling to accept it. This can be another person, a charity, an estate, or a trust.
  • Trusts: A policyholder may designate a trust as the beneficiary of their life insurance policy. This allows for more control over the distribution and management of the death benefit, especially in situations involving minors, individuals with special needs, or complex estate planning needs.
  • Estates: In the absence of a named beneficiary, the death benefit may default to the policyholder's estate. This means the proceeds will be subject to probate and distributed according to the policyholder's will or the intestacy laws of the jurisdiction.

Ineligible Beneficiaries:

  • Minors: Generally, minors (individuals under the age of 18 or 21, depending on the jurisdiction) cannot be named as direct beneficiaries of a life insurance policy. In such cases, a trust or custodian may be designated to manage the proceeds until the minor reaches the age of majority.
  • Animals or Pets: While people often have strong emotional attachments to their pets, animals cannot be designated as direct beneficiaries of a life insurance policy. However, some jurisdictions allow for the establishment of pet trusts or the inclusion of provisions in a will to provide for the care and maintenance of pets after the policyholder's death.
  • Nonexistent Persons: Beneficiaries must be living individuals or legally recognized entities at the time of the policyholder's death. It is not possible to name a beneficiary who does not exist or has not yet been born.
  • Individuals under Court Order: In certain circ*mstances, a court may deem an individual unfit or incapable of receiving life insurance proceeds. This can happen if the beneficiary has been convicted of a crime against the policyholder or if there are ongoing legal proceedings that question their eligibility.
  • Revoked or Disqualified Beneficiaries: Beneficiaries may be excluded from receiving the death benefit if the policyholder revokes the designation or if a court determines that the beneficiary should be disqualified due to fraud, duress, undue influence, lack of mental capacity, or other legal reasons.

What people can be disqualified by law to be a life insurance beneficiary ?

The laws governing life insurance beneficiaries can vary by jurisdiction, but certain individuals may be disqualified from being named as beneficiaries due to legal restrictions. Here are some common examples:

  • Felons or Criminals: In many jurisdictions, individuals who have been convicted of a crime against the policyholder, such as murder or manslaughter, may be disqualified from receiving life insurance proceeds.
  • Abusers or Perpetrators of Violence: Some jurisdictions have laws that prohibit individuals who have committed acts of domestic violence or abuse against the policyholder from being named as beneficiaries.
  • Professionals Involved in the Policyholder's Death: Certain jurisdictions have laws that disqualify individuals who are directly involved in causing the death of the policyholder from receiving life insurance benefits. This can include healthcare providers, caregivers, or other professionals who may have a conflict of interest.
  • Witnesses to the Will: In some jurisdictions, witnesses to the policyholder's will, including those who sign the life insurance beneficiary designation, may be disqualified from receiving the death benefit. This is to prevent potential conflicts of interest or undue influence.
  • Insurable Interest Requirements: Some jurisdictions have "insurable interest" laws, which require the beneficiary to have a legitimate financial interest in the policyholder's life. Beneficiaries who do not meet the criteria of insurable interest may be disqualified. For example, a stranger or someone without any familial or financial relationship with the policyholder may be ineligible.

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Eligible and ineligible people as beneficiaries to life insurance policy (2024)

FAQs

Who cannot be a life insurance beneficiary? ›

Whatever you do, don't name the child as the beneficiary—the law prohibits anyone from receiving a life insurance payout if they aren't the age of majority (which could be 18 or 21 depending on your state). Consult with an attorney if you have a disabled or special needs child.

Who should I put as beneficiary life insurance? ›

Immediate family as beneficiaries

Anyone who will suffer financially by your loss is likely your first choice for a beneficiary. You can usually split the benefit among multiple beneficiaries as long as the total percentage of the proceeds equal 100 percent.

How to fill out beneficiary designation form? ›

Write the names of the main individual(s), entity (such as a charity, business, religious organization, funeral home, etc.), trust, or estate. You may name more than one. All secondary beneficiaries listed will receive EQUAL SHARES (equal amounts) of your benefit if ALL of the primary beneficiaries are deceased.

What are the rules for the beneficiary of a life insurance policy? ›

You can name any person or entity your life insurance policy's beneficiary. A married person often names their spouse as the primary beneficiary, and many people name their children. If you designate a minor as a beneficiary, life insurance rules require a legal guardian to manage the proceeds until the child is 18.

Who qualifies as a beneficiary? ›

A beneficiary is a person (or entity) who is designated to receive the benefits of property owned by someone else. Beneficiaries often receive these benefits as part of an inheritance.

Who is qualified to change the beneficiary designation on a life insurance policy? ›

The policy owner is the only person who can change the beneficiary designation in most cases. If you have an irrevocable beneficiary or live in a community property state you need approval to make policy changes. A power of attorney can give someone else the ability to change your beneficiaries.

Can you name a non-family member to a life insurance beneficiary? ›

You can also choose a more distant relative or a friend. If you want to designate a friend as your beneficiary, be sure to check with your insurance company or directly with your state.

Does life insurance go to next of kin or beneficiary? ›

If a policyholder dies and no beneficiaries can accept the death benefit, the money is paid out to the insured's estate and a probate court distributes the money. Does life insurance go to next of kin? Your next of kin can get the death benefit if you make them the beneficiary — or if the benefit goes through probate.

Can my girlfriend be my life insurance beneficiary? ›

In some cases, it is easier to name your partner as a beneficiary than it is to own a policy on the person. When you fill out your application, name your beneficiary as “partner” or “significant other,” rather than “boyfriend” or “girlfriend”. There's also an option to name your estate as the beneficiary.

How do I fill beneficiary details? ›

Name only living persons as beneficiaries, unless you are naming a trust, your estate or an organization. Do not name the same person or organization as both a primary and secondary beneficiary. Do not use the word “or” when designating multiple beneficiaries. Do not impose any conditions on payment.

What is an eligible beneficiary designation? ›

— The term “eligible designated beneficiary” means, with respect to any employee, any designated beneficiary who is— (I) the surviving spouse of the employee, (II) subject to clause (iii), a child of the employee who has not reached majority (within the meaning of subparagraph (F)), (III) disabled (within the meaning ...

Can you name a trust as a beneficiary of a life insurance policy? ›

That beneficiary does not have to be a person. It can be a charity, a church, or even a trust. In fact, there are several strategic reasons why people frequently name a trust as the beneficiary of a life insurance policy. One of those is when the purchaser of the policy is the parent of a minor child.

How do life insurance companies find beneficiaries? ›

Life insurers have begun using the U.S. Social Security Administration's Death Master File as well as other search technologies to determine if a person insured under an individual life insurance policy has died; if they can confirm the death, the insurer will initiate a search for their beneficiaries.

Who should be listed as a beneficiary on life insurance? ›

Designate a family member or friend.

If you're married and live in a community property state, the law usually requires your spouse to be a life insurance beneficiary.

How long do beneficiaries have to claim a life insurance policy after death? ›

There's no deadline for filing a life insurance death benefit claim — that's good news if you're concerned about how long after death you have to collect life insurance.

Can my child be my life insurance beneficiary? ›

“Technically, you're allowed to name your minor children as beneficiaries,” says Matt Lyon, USAA advice manager. “But you should be cautious before doing so.” According to Lyon, parents can achieve their life insurance goals without naming their minor children as beneficiaries — and that's usually for the best.

Can you put anyone as a beneficiary? ›

You can name almost anyone as a beneficiary — including an individual, a group of people, a charity, a business, a trust or even your own estate. There may be tax implications depending on your choice, however, and your benefits provider or state of residence may add certain restrictions.

What can override a life insurance beneficiary? ›

A will cannot override a beneficiary designation because the policy is a contract between the person who purchases it and the issuer. The only way anyone can override a beneficiary other than the policyholder is if a court determines there's a conflict between named beneficiaries and state laws.

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