Klenk Law

Can my creditors go after life insurance policy I disclaimed?

Posted on Mon Jul 6, 2015, on Estate Planning

From our “Ask a Question” mailbag: Last year, my mother died in Montgomery County and named me as beneficiary of her life insurance. As my children were the contingent beneficiaries, I decided to disclaim the inheritance, so the insurance money passed to my children. I was recently in a car accident. If I am sued, can the plaintiffs claim that life insurance money?

No one can force you to take an inheritance. If you properly disclaimed your interest in the life insurance, then you never received it. If you never received it, then any future creditor cannot claim the asset. From your description of the facts, your car accident came after the disclaimer. If so, and if you properly disclaimed, the plaintiff cannot reach the insurance proceeds.

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