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My father passed away recently and he did not have a will. He has two life insurance policies that were taken out when my brother, sister and myself were minors. My uncle is currently the beneficiary. He would like to simply refuse the funds so that my Dads insurance would go directly to us. Is this possible?

Disclaimer for life insurance proceeds

Sorry about your father.  Under Massachusetts law, a beneficiary of a will or trust can execute a disclaimer, a document that allows the gift or bequest to pass to another person or entity.  The beneficiary of a life insurance policy can also execute a disclaimer.  However, as with people who wish to disclaim a bequest from a will, your uncle should discuss this matter with an estate planning attorney to make sure that his disclaimer will have the desired effect.  For example, if your uncle disclaims and the insurance proceeds revert to the estate, then those proceeds will be distributed according to the MA intestacy rules (for when there is no will).  That could mean, depending on who survived your father, that all or part of the insurance proceeds will not go to you and your siblings. Good luck.

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