My daughters boyfriend listed her as the beneficiary at work and on his checking account...but he never turned the paperwork in...she has it...

Question

My daughters boyfriend listed her as the beneficiary at work and on his checking account...but he never turned the paperwork in...she has it at the house...he signed it and she signed it.....he passed away last feb 22, 2010...car accident....she found the paperwork...should she go down to the bank and claim this or does it belong to his family? even though he never turned in the paperwork does it still belong to her?

Answer

Naming someone as a beneficiary works for insurance proceeds and a few closely-related things such as death benefits, but is not a will substitute and does not affect the distribution of a person's own property upon their death. Whether filled-out but never turned in paperwork will be deemed effective by the insurers is probably a matter of their own policy, and needless to say if the insurance proceeds have been paid to someone else, there won't be a second distribution. An employer may indeed offer a death benefit payable like insurance, or perhaps even some life insurance per se, as a fringe benefit. However, I'm really doubtful that a checking account would involve anything payable to a beneficiary....maybe the idea was that these papers would make them joint tenants with right of survivorship, which is legally not the same thing as a beneficiary, but would entitle her to own the money in the account upon his death, by operation of law.

As a practical matter, a decedent's property passes to heirs (as opposed to beneficiaries) by will, or under the rules of intestate succession if there is no will, or when steps have been taken to put property in joint tenancy or trusts, under the rules associated with those vehicles. Intestate succession rules provide for inheritance by relatives when there is no will, and girlfriends are not on the list.

I would take the papers, along with a copy of the death certificate, to the HR manager at the employer and an officer at the bank, and see what they say. I would be a little surprised if your daughter gets anything, but it's certainly worth a try.

Answer

I disagree. I think the beneficiary designation acts a a substitute to keep it out of probate court.]