Marcy, California

If the primary beneficiary dies before or at the same time as the insured, and no secondary beneficiary is named on the policy, the death benefit would go to the insured's estate, according to Norse Blazzard, a Florida attorney who specializes in insurance law.

If the insured had a will, the death benefit would become part of the will's "residue," which is the money left over after certain amounts of money have been distributed to the insured's heirs. For example, if you had $200,000 in your estate, and you distributed $20,000 to each of your five children, $100,000 would be the residue. The residue can then go to one person, be split up among a number of people, or go to charity. A probate judge, who also administers the estates of people who die without wills, would determine how to distribute the residue if there is no provision for it in the will.

However, if the insured dies intestate — which means he or she does not have a will — the death benefit would be subject to the state's intestate laws, which determine how an estate is distributed. For example, Blazzard says some states give all of the proceeds in the estate to the spouse, while other states split the money among other family members.

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Disclaimer: We are journalists, not financial planners or insurance brokers. Nothing we say should be interpreted as a recommendation to buy or sell any insurance product, or to provide other financial or legal advice.