Life Ins Policy on Cooper - Who Will Receive $$$, When?

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  • #21
So if both are found guilty of murder, the State would send the money back to the insurance company, right?

N.B. IANAL, and I don't play one on tv.

Short answer
No, imo.

Long answer, also imo
If life ins application designated both Ross & Leanna as primary beneficiaries, and
both were convicted of crimes disqualifying them from receiving the policy benefits under GA's Slayer Statute*, then
the proceeds would go to the heirs of the deceased, i.e., Cooper's heirs...
...Unless there had been secondary/contingent beneficiary(ies) designated for the policy,
in which case the secondary/contingent beneficiary(ies) would be paid the proceeds.

Example, contingent/secondary benefs designated:
If Ross & Leanna were designated as primary benefs and both were convicted of one of the crimes specified in GA statute,
and contingent benefs had been designated, then proceeds would go to those designated contingent benefs.
Persons I think likely to have been designated as contingent/secondary benef's =
his parent(s), her parent(s), Cooper's godparents (if any), Ross' half-brother (his only sib?), Leanna's sib (if any), R or L's best friend.

Example, no secondary/contingent benefs designated
Ross & Leanna were designated as primary benefs and both were convicted of one of the crimes specified in GA statute,
and no secondary/contingent benef had been designated, then proceeds would go to heirs of the deceased, Cooper's heirs.

Who in the heck are heirs of the deceased, i.e. Cooper's heirs?
Those entitled to Cooper's estate, "by laws of descent and distribution." *
-If Cooper had executed a will, ppl taking under his will (okay, he was too young for that, so not applicable).
-If Cooper died without a will/intestate (which he did undoubtedly did, imo),
heirs are ppl entitled to ins benefit as designated by GA intestacy statutes. Maybe more on this in later post.
-----------------------------------------------------------------------------------------------------------------------------------------
Thanks to boytwnmom for GA Slayer Statute, w BBM
* § 33-25-13 - Receipt of benefits from insurance policy of deceased by person found guilty of committing murder or voluntary manslaughter.
"No person who commits murder or voluntary manslaughter or who conspires with another to commit murder shall receive any benefits from any insurance policy on the life of the deceased, even though the person so killing or conspiring be named beneficiary in the insurance policy. A plea of guilty or a judicial finding of guilt not reversed or otherwise set aside as to any of such crimes shall be prima-facie evidence of guilt in determining rights under this Code section. All right, interest, estate, and proceeds in such an insurance policy shall go to the other heirs of the deceased who may be entitled thereto by the laws of descent and distribution of this state, unless secondary beneficiaries be named in the policy, in which event such secondary beneficiaries shall take."
HISTORY: Code 1933, § 56-2506, enacted by Ga. L. 1960, p. 289, § 1.
http://http://www.lexisnexis.com/hottopics/gacode/

IIRC, Ross was charged w felony murder; conviction would disqualify him from receiving life ins proceeds wrt Cooper's death.
ATM no charges against Leanna.
 
  • #22
Thank you al66pine :seeya: My mind is easily confused by matters of the law. I always appreciate people who can dumb it down for me!
 
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