Now that all three defendants orginally charged with the murder of Arlington real estate salesman Alan W. Foreman have been cheated, it is up to the New York Life Insurance Co. to decide who will get the proceeds from the $56,000 life insurance policy for which Foreman was allegedly killed.

Both Sally Dixon, Foreman's mother, and Charles Silcox, one of the three ex-defendants, have filed claims for the proceeds, and a New York Life Insurance spokesman said the case probably will be resolved in court. The spokesman said that a court settlement is the normal procedure when there are conflicting claims on a policy.

Foreman and his fiancee, Donna Shoemaker, were found shot to death May 8 in Foreman's yellow Jaguar in the garage of his home at 1201 N. George Mason Dr., Arlington.

Mrs. Dixon was named beneficiary of the policy when Foreman first applied for it last November, but the beneficiary was changed to Silcox last February before the policy went into effect. Silcox also paid the $100 monthly premiums on the policy until Foreman was shot.

According to one theory presented by Arlington Commonwealth's Attorney William S. Burroughs, the insurance policy was collateral for a $3,500 business loan that Foreman failed to pay back. In another theory, described in court, the insurance money was to be used to pay a killer contracted by unnamed organized crime figures whom Foreman had allegedly cheated in a cocaine deal.

In a telephone interview yesterday, Mrs. Dixon said that while "there's no way in the world I want to make anything out of my son's death, I don't want anyone else to profit from Alan's death either," Mrs. Dixon said she would use the money to pay off any of Foreman's debts that remained, such as the monthly payments on his Arlington home and his car.

Sources close to Silcox said that he planned to use the money to pay his legal fees, which are said to be at least $20,000.

Charges were dropped against Silcox last month and against Joseph N. Martin, the former New York Life Insurance salesman who wrote Foreman's policy, last week. A jury acquitted the third defendant, Richard Lee Earman, of the charges earlier this week.