Contingent Beneficiary: What rights does he have?

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PostPosted: Tue Mar 31, 2009 11:56 am   Post subject: Contingent Beneficiary: What rights does he have?  

I’m interested to know how the position of the contingent beneficiary is described in a policy. What are the rights of contingent beneficiaries? If the contingent beneficiary is a minor, how the proceedings of the death benefits would get affected?


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PostPosted: Tue Mar 31, 2009 12:41 pm   Post subject:   

The contingent beneficiary has no right, unless the primary beneficiary is dead before or at the same time as the policy holder.



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PostPosted: Wed Apr 01, 2009 10:59 am   Post subject: insurance  

( just putting my '2 cents in) On my Life Insurance policy I have a good friend of mine ( POA on other paperwork I have ) who is 'Primary' Beneficiary. My son and my parents are contingent beneficiaries. My 'Primary' lives pretty close to me. However..my parents live in another state.....so, I thought doing my Life Insurance this way was more practical.

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PostPosted: Wed Apr 01, 2009 11:39 am   Post subject:   

Hope you have reviewed your decision properly before naming your primary and contingent beneficiaries. As lori has mentioned the contingents beneficiaries have no right on the policy benefits until the primary beneficiary pre-deceased the policy holder or unidentifiable by the insurer.



The primary beneficiary would receive all the benefits of the policy and may decide not to share it with the other named beneficiaries of the plan.



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PostPosted: Wed Apr 01, 2009 12:25 pm   Post subject:   

Hi Texas-ranger



A contingent or secondary beneficiary has no right to receive any proceeds from a policy unless the primary beneficiary is also deceased at the same time as the policyholder. A contingent beneficiary may receive portion of the benefits received by the primary beneficiary only if the primary beneficiary wants to share the proceeds or in case the proceeds are declined by the primary beneficiary. So it seems that a contingent beneficiary has little or no right in a policy.



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PostPosted: Wed Apr 01, 2009 1:10 pm   Post subject:   

Hi Lori,



It really sounds interesting Smile



Quote:
The contingent beneficary has no right, unless the primary beneficary is dead before or at the same time as the policy holder.





What would happen if the primary beneficiary dies soon after the policy holder passes away. Can't the contingent beneficiary claim for the benefits now?



Quote:
A contingent beneficiary may receive portion of the benefits received by the primary beneficiary only if the primary beneficiary wants to share the proceeds or in case the proceeds are declined by the primary beneficiary.




Would the primary beneficiary be able to share the proceeds to any proportion he chooses?



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PostPosted: Wed Apr 01, 2009 8:41 pm   Post subject:   

Quote:
Would the primary beneficiary be able to share the proceeds to any proportion he chooses?
yes, as it would be purely a 'gift'..



Quote:
What would happen if the primary beneficiary dies soon after the policy holder passes away. Can't the contingent beneficiary claim for the benefits now?
Doubt it I think the money would go to the estate of the primary beneficary..however it would make for interesting 'lawyering'.. Wink


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PostPosted: Thu Apr 02, 2009 7:18 am   Post subject:   

Quote:
Would the primary beneficiary be able to share the proceeds to any proportion he chooses?




Quote:
yes, as it would be purely a 'gift'..





Would this gift be tax free then?



And, I'd also like to know, if its worth keeping contingent beneficiary in the policy since he has no right on the policy proceedings. What if I want the benefits to go to both the parties named in my policy?

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PostPosted: Thu Apr 02, 2009 2:53 pm   Post subject:   

For the most part, life insurance proceeds are tax free. That is, if it's paid by the insurance company to the beneficiary. If the beneficiary decides to gift those proceeds to someone else then that has nothing to do with insurance proceeds.

If you want the proceeds to go to both parties then make them both a primary beneficiary with a split with whatever percentages you want, like a 50%/50% split or you can even do a 70%/30% split if you want. If one of them dies before the insured, then it would revert to 100% on the survivor. Hope this helps.



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PostPosted: Thu Apr 02, 2009 8:12 pm   Post subject: insurance  

I'm now starting a 401(K) through my employment. I have a name for the 'Primary' and my 'Secondary/Contingent' is my son. However.....right now my son is under 18. Would it be a good idea to add someone else, PLUS my son, to the 'Secondary', since he is a Minor right now?

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PostPosted: Fri Apr 03, 2009 5:28 am   Post subject:   

How long its SD before he would turn 18? You may appoint someone you trust as the guardian of the boy or may check out if the authority would take up the fiduciary responsibility. You may also decide to set-up a revocable living trust in order to avoid the process naming guardian.



The 401(K) would be available to the beneficiary either in monthly installments or in lumpsum. But this proceeding would be taxable.



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PostPosted: Sat Apr 04, 2009 11:13 am   Post subject: insurance  

Quote:
How long its SD before he would turn 18?
My son turns 18, January of 2010. God Forbid something happens to me and my 'Primary', his Guardian would be my son's dad Crying or Very sad . I SURE don't want to put my EX on my Life Insurance...that's for sure. RUPERT.....you said something about setting up a Trust INSTEAD of putting down a 'Secondary'.....how do I do this?
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PostPosted: Sun Apr 05, 2009 1:05 pm   Post subject:   

Sd I was reading through the posts and was thinking that maybe you should split the primary beneficiaries. You can then include your friend, your son and your parents. I have seen people, even family, becoming very gredy when money is concerned. EVEN the ones you do not think would. How many times have we answered questions on here concerning people fighting for their share of money? Alot. You may save eeryone the tim and aggravation by just splitting up the money. This will insure your boy will get something. Just a thought. I know how important your son is to you.

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PostPosted: Sun Apr 05, 2009 1:30 pm   Post subject:   

When amount is really a remarkably large then it is advisable to set up a trust. because trust has trustee all the time even if somebody resigns or somebody passes away.



But when it comes to the beneficiary then it is really difficult to make right decision. There are several examples that the insured person, first beneficiary and the second beneficiary died in a single accident so in this case it is really a difficult situation and one can not assure that the benefits of the money is actually handed over to the concerned person.



But when the trust comes into the picture it has several number of trustees and they take care that the beneficiary gets the benefits of the policy.It is really very rare that all the trustees are no more due to some accident. Wink



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PostPosted: Sun Apr 05, 2009 7:34 pm   Post subject:   

just putting my '2 cents in) On my Life Insurance policy I have a good friend of mine ( POA on other paperwork I have ) who is 'Primary' Beneficiary. My son and my parents are contingent beneficiaries. My 'Primary' lives pretty close to me. However..my parents live in another state.....so, I thought doing my Life Insurance this way was more practical.



Your friend gets everything. Your parents and son get nothing. Is that what you want to do?
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