1. 63333 POINTS
    Peggy Mace
    Most of the U.S.
    If the creditor is going after life insurance proceeds that have been left to the insured person's estate, and is doing so to pay off bills left by the deceased, then the creditor can claim life insurance benefits during probate.

    If the beneficiary of the life insurance policy is a person, then creditors cannot take the death benefit away from the beneficiary. There may be some exceptions, such as if the beneficiary was a co-signer to the debt.
    Answered on July 11, 2013
  2. 14231 POINTS
    Tom Sheehan
    Agency Owner, The Thomas G Sheehan Agency, 27 Glen Road Sandy Hook, CT 06482
    So long as there is a named beneficiary to receive the life insurance proceeds upon your death, those proceeds cannot be attached or encumbered in any way by a creditor. The proceeds are also not taxable, though the interest or growth that invested proceeds generate are. Now, that having been said, if there is no beneficiary and the proceeds are paid therefore to your estate, as my colleague pointed out, once in the estate, they are fair game. Talk to your Insurance Professional regularly, perhaps once a year, to discuss any changes that may have happened in your life that can affect your Life Insurance. This is also a very good time to review your coverage to be sure it is what you need and that it is still accomplishing what it was indended to accomplish.
    Answered on December 30, 2015
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