can beneficiary of life policy be forced to use proceeds to pay decedent’s debts?

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Asked April 24, 2017

1 Answer


In general, the proceeds of a life insurance policy do not have to be used to pay the debts of the deceased policyholder. Life insurance proceeds are typically paid directly to the named beneficiaries on the policy, and the money is considered part of the deceased's estate only for tax purposes. However, there are some situations where the proceeds of a life insurance policy may be used to pay the debts of the deceased. For example, if the deceased had outstanding debts and their estate does not have enough assets to cover those debts, the creditor may seek to collect payment from the life insurance proceeds. In some cases, state law may also allow certain creditors to make a claim against the proceeds of a life insurance policy. For example, if the deceased had medical debts or unpaid child support, the state may allow those creditors to make a claim against the life insurance proceeds. It's worth noting that if the policyholder designates their estate as the beneficiary of the policy, the proceeds may be subject to claims by creditors. This is because the money is considered part of the estate and can be used to pay the decedent's outstanding debts. In summary, in most cases, the beneficiary of a life insurance policy is not required to use the proceeds to pay the debts of the deceased. However, there are some situations where the proceeds may be used to pay outstanding debts, such as if the policyholder designated their estate as the beneficiary or if state law allows certain creditors to make a claim against the proceeds.

Answered April 24, 2017 by GWGLife

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