Life insurance proceeds paid to a named beneficiary are generally exempt from claims of the insured’s creditors. The reason is that the proceeds pass by contract directly to the designated beneficiary, not through the insured’s probate estate. New Jersey law protects life insurance proceeds and avails from creditor liability, subject to important limits such as premiums paid with intent to defraud creditors. This is why beneficiary designation matters. If the insured names an individual beneficiary, the insurer pays according to the policy’s beneficiary provision. The money is not normally held until the insured’s will is probated because a beneficiary designation operates independently of the will. Option B is wrong because life insurance death proceeds are not classified as excise-taxable merely because they are paid at death. Option D is also wrong because death proceeds may often be paid under settlement options, not only as a lump sum. The protection becomes weaker or may disappear if the estate itself is named beneficiary, because then proceeds can become part of the estate administration process. Reference topics: Beneficiary Designation, Creditor Protection, Life Insurance Proceeds, Probate Avoidance.
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