Intestate Succession and Wills

ORS 112.515
Proceeds of insurance on life and other benefit plans of decedent


(1)

Except as provided under subsection (2) of this section, proceeds payable under any of the following instruments to or for the benefit of a slayer of a decedent or an abuser of a decedent, as beneficiary or assignee of the decedent or as beneficiary or assignee of an heir or devisee of the decedent, must be paid to the secondary beneficiary or, if there is no secondary beneficiary, to the personal representative of the estate of the decedent or the decedent’s heir or devisee:

(a)

A policy or certificate of insurance on the life of the decedent.

(b)

A certificate of membership in any benevolent association or organization on the life of the decedent.

(c)

Rights of the decedent as survivor of a joint life policy.

(d)

Proceeds under any pension, profit-sharing or other plan.

(2)

Proceeds payable under any of the instruments specified in subsection (1) of this section to or for the benefit of a slayer of a decedent or an abuser of a decedent as beneficiary or assignee of an heir or devisee of the decedent shall be paid to the slayer or abuser if the heir or devisee specifically provides for that payment by written instrument executed after the death of the decedent. [1969 c.591 §64; 2005 c.270 §7; 2005 c.535 §2a]

Notes of Decisions

Where life insurance policy is provided as part of employee benefit plan, this section is subject to federal preemption under ERISA and does not prevent beneficiaries who killed insured from collecting on life insurance policy. Herinckx v. Sanelle, 281 Or App 869, 385 P3d 1190 (2016)


Source

Last accessed
Jun. 26, 2021