Contesting life insurance beneficiary: Can it be done?

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PostPosted: Tue Mar 01, 2011 6:03 am   Post subject:   

As we can see from here, the mother is clearly ahead, especially after she convinced him to marry her. How will the estate proceeds be distributed now? Are there any specific guidelines? Or is it that she can get all of it since she's ahead?


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PostPosted: Tue Mar 01, 2011 8:56 pm   Post subject:   

Quote:
the mother is clearly ahead




Only if her status as spouse is not contested. If the OP is correct in asserting that the marriage was coerced or between persons one of whom had diminished capacity, then the probate court would be within its right to disqualify the spouse as a beneficiary of the decedent's estate.



There would have to be clear, compelling, and overwhelming evidence to support the claim challenging the spousal right of succession, and that's a pretty tough standard of proof.


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PostPosted: Thu May 19, 2011 7:30 am   Post subject: beneficiary/executor  

I have a dear friend who has cancer is getting her will ready, she has assigned me her will executor and has also named me her beneficiary for life insurance she has three policies, she is dividing her estate between her kids, wants me to take care of her financial affairs and is leaving me the what is left by word of mouth only. according to her will all her assets must be divided between the kids, she did not specify on the policies is that going to be a problem, please advise me as i have never been through such an awful situation.


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PostPosted: Thu May 26, 2011 7:39 am   Post subject:   

Quote:
has also named me her beneficiary for life insurance she has three policies, she is dividing her estate between her kids, wants me to take care of her financial affairs and is leaving me the what is left by word of mouth only




All of this is improper. If your friend wants her life insurance divided between her three children, those children should be named as beneficiaries of the policies, NOT YOU. This cannot be done with a will, it must be done in writing with the insurance company. If the children are minors, the probate court will be involved in designating a fiduciary for the children's funds.



Nothing instructed by "word of mouth" means anything to the court that will probably be involved in probating your friend's estate following her death. IT NEEDS TO ALL BE IN WRITING.



Your friend may need legal advice to properly prepare her will and any trusts that may be necessary to hold funds for her children. IT IS ALWAYS BETTER TO HAVE THIS ESTABLISHED PRIOR TO ONE'S DEATH rather than leaving it up to a judge to make all the right decisions. The judges do a pretty good job, but they don't really know the whole situation, and they are required to apply the law rather than logic or reason, and their actions may be entirely inconsistent with what a person would have wanted.



Send me an email or PM if you need additional input.


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PostPosted: Mon May 30, 2011 4:25 am   Post subject: insurance  

YES!!!!!!!!! MAX is correct! No court will take "by verbal agreement." Documentation is the key to all of it. I have family members who have learned the hard way with this. Especially when it comes to the children..you don't want financial decisions to be put off because something wasn't documented.

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PostPosted: Wed Jul 20, 2011 1:45 am   Post subject: life insurance  

My uncle passed away last month at 93 from cancer. Up until december 2010 everything was left to my sister in the will. My cousin managed to get him to change the will so that he got everything. My uncle left both of my sister's a life insurance policy with them as beneficery. My cousin called to say that they should have went toward the funeral and that we would be getting a letter from an attorny. Can he contest the policy. One has already been paid and we are waiting on the other.


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PostPosted: Wed Jul 20, 2011 3:47 am   Post subject:   

Quote:
My cousin called to say that they should have went toward the funeral and that we would be getting a letter from an attorny. Can he contest the policy.




This is the United States of America . . . the land of the free and the home of the tort lawyer.



A person can contest just about anything they want. But life insurance beneficiaries are as close to being inviolate as anything else. His likelihood of winning in court is almost nil.



No one can be forced to pay the funeral expenses of another. Take the attorney letter, if you ever get it, look in the mirror, and have a good laugh. Then simply send the attorney letter back with the notation: GO BUTT A STUMP! written very clearly and in large letters across the page.



Then wait to see if you are ever sued. If you are, then you might need to hire your own attorney to defend your position.



Quote:
Up until december 2010 everything was left to my sister in the will. My cousin managed to get him to change the will so that he got everything.




If this is true, you might have a better case against your cousin.


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PostPosted: Sat Jul 23, 2011 10:38 am   Post subject: Contesting life insurance beneficiary: Can it be done? pt.2  

Greetings,



My fiancé committed suicide and his family out of town family beliefs it’s my entire fault because they feel I stressed him out. However, my fiancé had a drinking problem and was depressed and committed suicide on the day his brother died in which he never got over his brother’s death.



I tried getting him some help, and we when to counseling a year to date of his death, because he always grieved for his brother every year around the same time his brother died.



I met my fiancé in the summer of 2007 in which was married and had filed for divorce, however funding fell short and delayed the divorce which went into effect in January 2010.



My fiancé bought a house in February 2010, in which he added my name to the title of the house in August of 2010, we lived together previous before moving into the new home for a year. We completed the adding me to the title by an attorney in which say I have survivors rights.





My fiancé also added me to his job policies; putting me as his beneficiary and removing the ex-wife from everything. The ex-wife and my fiancé were legally married for 9 years.





The family and the ex-wife wants to contest and feels that since he just changed the policy in 2010, that it can be contested. And that any policies changes that are under 2 years can be contested.



They want my house and the life insurance money, my fiancé left me with 13 teen month old baby and a house fill out bills.



Can this happen? We were in engaged; I paid for all of his funeral service and had no help from the family.


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PostPosted: Sun Jul 24, 2011 12:26 am   Post subject:   

Quote:
any policies changes that are under 2 years can be contested.


When it comes to beneficiaries, this is absolutely NOT correct. Beneficiary changes become effective on the day recorded by the insurance company, or even sooner, if described in the contract (many contracts include words to the effect: ". . . on the day the form was signed." which would be sooner than when received by the insurer) -- but the insurer must receive the change notice. The insured must have been alive on the day the beneficiary change form was signed by the policyowner.



As the named beneficiary of the life insurance, no one else is entitled to that money. It is yours. Others may contest, but unless they can prove some sort of coercion or intimidation existed as the reason your fiance changed his beneficiary, they will not prevail in court.



As for the home, if you are on title as a Joint Owner, the title to the property became yours at the moment of his death. However, there could be a problem with the loan, unless you were added to that as well. Title to the property and a mortgage are not always one in the same.


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PostPosted: Mon Jul 25, 2011 2:45 pm   Post subject:   

The law can vary by state, so it's wise to double check the particulars, but you should have nothing to worry about. You were the named beneficiary, why he did what he did is essentially irrelevant vis-a-vis the payment of the life insurance proceeds.



The family if grieving, this sort of stuff happens. Two sons gone in what seems like a relatively short amount of time. That's harsh and tough for people to handle.

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PostPosted: Mon Aug 22, 2011 3:17 am   Post subject: Insurance Beneficiary  

I live in Hawaii, My Mom and I was the beneficiaries of my Dad's insurance policies. My Mom died in June this year, my Dad removed my name as the beneficiary and changed to my cousin who he named in the policies as his daughter. I tried to call him to ask about why he did that, he hang up on me. I feel so upset and have no way to know the reason. If my Dad passed away, can I contest the false identity of the beneficiary? As she is not my sister in anyway and on my Dad's Will, he only recognises me as his only son. Please help.


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PostPosted: Wed Sep 21, 2011 5:48 pm   Post subject: greed  

I am having a difficult time trying to mourn my husband, when I get a letter in the mail from my stepchild's attorney asking me for copies of all life insurance policies. They are wanting to review one certain policy that they say I forged. Mind you all insurance monies have been disbursed to the beneficiaries. Can they do this?


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PostPosted: Thu Sep 22, 2011 5:04 am   Post subject:   

If the money has been already distributed, there's nothing that your step child can do to get money from the insurance.

But may be he's looking to sue you for a fraudulent behavior to recover some money. If you are innocent you have nothing to fear and you can give all the copies of policies needed by them.

They really can't contest it after the beneficiaries are already paid.


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PostPosted: Thu Sep 22, 2011 5:22 am   Post subject:   

How could you "forge" a life insurance policy? Do you mean they suspect you of having forged a beneficiary change form?



Quote:
Can they do this?


This is America, where we have the freedom to do just about anything, no matter how stupid it might be.



BUT . . . PLEASE DO NOT PAY ANY ATTENTION TO THE POST ABOVE BY "MISTY VALDEZ"!! Some of that information is incorrect. While persons generally no longer have claims against the insurance company once the money has been paid to the beneficiaries, they may have claims against the beneficiaries. It's not contesting the beneficiary as much as it is contesting the beneficiaries' legitimate right to the proceeds.



Normally, the time to contest payments to beneficiaries is PRIOR to the payment of death claims. But if new evidence comes to light after the fact there is usually a 1 or 2 year statute of limitations (longer in some states) for persons to bring their claims. If, after a hearing or trial, it is determined that a beneficiary received money they were not entitled to, the court can order the beneficiary to pay an equivalent amount of money to the rightful party.



This does not happen often, but it does happen. And when it does happen, those same "injured" parties often try to sue insurance companies for paying the money to the wrong party. However, insurance companies generally have limited immunity from such lawsuits, if they paid the money to the party that they genuinely believed was entitled to it., based on all records available at the time.



If you had nothing to do with any change of beneficiary forms, there is nothing to be concerned about. Courts do not like to get involved in these kinds of disputes and plaintiffs have a very steep uphill battle to fight, which is why few prevail.



So don't be intimidated by what is happening. You will probably need legal representation -- this is a bit more complex than you might imagine -- and the attorney you hire needs to have special knowledge of life insurance and insurance law, which is not something most attorneys have.



You'll have to do a good job of finding the right litigator to defend you. But he will file cross-complaints seeking legal fees and expenses in order to help you avoid those costs.


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PostPosted: Tue Feb 14, 2012 8:34 am   Post subject: contesting a will  

I have a question, my my father has just passed and he never took his ex-wife off his insurance policy. What do yall think my chances of contesting the policy and winning are? I need some advice.


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