Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA ·
That depends. Was a alternate or contingent beneficiary named? If so, it would go to that named person or persons, if living. If not, in nearly call cases, it would go to the heirs of the named insured if the person died intestate (without a Will) or to the beneficiaries named in the testator's Will.
It depends on what you mean by "unclaimed." If there is a named beneficiary, then that beneficiary has a right to the proceeds. If the named beneficiary predeceased the decedent, then if there is a contingent/secondary, that person would be entitled to it. If there are no named beneficiaries, then it would either pass to the estate of the decedent or to the heirs, depending on the terms of the underlying policy.
James Frederick
Also need to know when named beneficiary died? Did the named beneficiary die before or after the insured? And how do the survivorship, lapse and anti-lapes rules affect entitlement.