beneficiary question

[bjamm1972]

What is the name of your state (only U.S. law)? Illinois
My ex-husband passed away abaout 3 months ago. We have a son together who is 14. My ex remarried about a year ago. Ex had his father as beneficiary, well his dad passed away about 2 years ago. We thought that my son was the contingant beneficiary, but the insurance company is saying that there was NO contingent. Not my son or ex's spouse. I have not been able to see the policy. Who has the rights to the life insurance? Would it go to an estate to be divided or what? Or do one or the other have preference? Thanx for all responses

[anteater]

Unless the contract has a provision directing payment to a certain person in the event of no surviving beneficiaries, which is unlikely, payment would almost certainly go the estate.

[Betty]

Unless there is a policy provision to the contrary:

If the primary beneficiary dies before the insured, the benefits are payable to the contingent (or secondary) beneficiary. If no provisions were made for a contingent beneficiary, the benefits are payable to the estate of the insured.

If the primary beneficiary passed away after the insured (but before benefits were paid), the benefits are payable to the estate of the beneficiary.