Contesting life insurance beneficiary: Can it be done?

Message Author
ampm-bookmark
delicious-small Add to delicious
yahoomyweb-small Add to YahooMyWeb
blinklist-small Add to BlinkList
PostPosted: Mon Aug 26, 2013 11:39 pm   Post subject: Life Insurance Policy beneficiary  

My Husband had his policy since 1992 before we ever met. He passed away his mother thought I was the beneficiary she was all down my throat saying he want you to do right by his kids with the money, once she found out she was the beneficiary everything change. On the insurance policy it stated Divide Money equally to my children. His mother say since he did not have a WILL she can do what ever she wants with the money. Have not gave the grand kids a dime but bought her and her daughter a new car taking care of her sister who came out the wood works. Can I take her to court?


_________________
Register Now to have your Insurance queries solved.
METO
Guest







PostPosted: Tue Aug 27, 2013 1:20 am   Post subject:   

Quote:
once she found out she was the beneficiary everything change.
and
Quote:
On the insurance policy it stated Divide Money equally to my childrens


These two statement are mutually exclusive. If Mother was the beneficiary, then the children were not. If the children were the beneficiaries, then Mother was not.



Which one was it? No one here can answer that question, because none of us know.



If you want to sue, fine. If you're wrong, you will probably have to pay both your attorney and Mother's.


_________________

CA-licensed Life & Disability Analyst. CA Insurance Lic #0596197. Also investigating insurance company abuses, and providing litigation support/expert witness services. Send me your questions, and I'll send you my answers.
MaxHerr
Forum Expert
Leave a quick message

MaxHerr
Forum Expert

Joined: 29 Nov 2009
Posts: 7888

Location: Pomona CA
107.52 Dollars($)

PostPosted: Sat Jul 19, 2014 1:16 am   Post subject: Life insurance dispute  

My mother passed away leaving only 2 of her children as beneficiaries...she has 3 children can the third child, our sister contest the life insurance policy?


_________________
Register Now to have your Insurance queries solved.
Tay1
Guest







PostPosted: Sat Jul 19, 2014 7:56 pm   Post subject:   

Anyone can contest anything they like. Winning is another matter. Unfortunately, when a life insurance beneficiary is contested, the matter usually ends up in federal court and costs everyone involved attorneys fees. The attorneys can end up getting as much as or more than the beneficiaries.



Trying to work out an amicable arrangement between the three children and the insurance company can save a lot of aggravation and money, not to mention the time involved.



_________________

CA-licensed Life & Disability Analyst. CA Insurance Lic #0596197. Also investigating insurance company abuses, and providing litigation support/expert witness services. Send me your questions, and I'll send you my answers.
MaxHerr
Forum Expert
Leave a quick message

MaxHerr
Forum Expert

Joined: 29 Nov 2009
Posts: 7888

Location: Pomona CA
107.52 Dollars($)

PostPosted: Sun Oct 12, 2014 4:45 am   Post subject: Insurance beneficiary  

My dad had a small insurance policy with his deceased wife as beneficiary. He passed away, who does the benefit go to, his children or deceased wifes children.


_________________
Register Now to have your Insurance queries solved.
ddmmc
Guest







PostPosted: Sun Oct 12, 2014 2:42 pm   Post subject:   

Quote:
My dad had a small insurance policy with his deceased wife as beneficiary.
Can't pay money to a dead person.

Quote:
who does the benefit go to, his children or deceased wifes children.
You've left out one important piece of information: when did the wife die?

If the wife died before your father and he never changed the beneficiary statement, then the money will be paid to your father's estate. What happens to it there is up to the Probate Court. It will be available first to pay estate expenses, such as debts, funeral expense, taxes, and if anything remains once all those are paid, then your father's heirs will share according to state probate law.

Normally, this means children and grandchildren first, parents second if no children or grandchildren, and other relatives beyond that under certain circumstances.


_________________

CA-licensed Life & Disability Analyst. CA Insurance Lic #0596197. Also investigating insurance company abuses, and providing litigation support/expert witness services. Send me your questions, and I'll send you my answers.
MaxHerr
Forum Expert
Leave a quick message

MaxHerr
Forum Expert

Joined: 29 Nov 2009
Posts: 7888

Location: Pomona CA
107.52 Dollars($)

PostPosted: Sat Nov 01, 2014 12:20 pm   Post subject:   

She is not married to him so it is difficult to continue, I think insurance goes to their parents.



_________________

http://ppiclaims4you.co.uk/
ShariDaniels
New member
Leave a quick message



Joined: 07 Oct 2014
Posts: 20


2.34 Dollars($)

PostPosted: Sat Nov 01, 2014 3:58 pm   Post subject:   

Quote:
She is not married to him so it is difficult to continue,
What exactly does this mean? A person does not have to be married to someone else to be a life insurance beneficiary.

Quote:
I think insurance goes to their parents.
It's best not to guess where the life insurance money goes when you don't know what you're talking about in the first place.


_________________

CA-licensed Life & Disability Analyst. CA Insurance Lic #0596197. Also investigating insurance company abuses, and providing litigation support/expert witness services. Send me your questions, and I'll send you my answers.
MaxHerr
Forum Expert
Leave a quick message

MaxHerr
Forum Expert

Joined: 29 Nov 2009
Posts: 7888

Location: Pomona CA
107.52 Dollars($)

PostPosted: Sun Jul 12, 2015 6:44 am   Post subject: value of life insurance  

My father recently passed away. He had a life insurance policy from work that was worth $54,000. The insurance company has now said that the policy is only worth $16,200. They said that the amount was reduced for each year after he retired. I have never heard of this. Is this common? What can I do about getting the amount that my father wanted my brother and I to have?


_________________
Register Now to have your Insurance queries solved.
QCBD
Guest







PostPosted: Sat Jul 18, 2015 3:57 am   Post subject:   

Please contact me for assistance. What has occurred may be legitimate or not.



_________________

CA-licensed Life & Disability Analyst. CA Insurance Lic #0596197. Also investigating insurance company abuses, and providing litigation support/expert witness services. Send me your questions, and I'll send you my answers.
MaxHerr
Forum Expert
Leave a quick message

MaxHerr
Forum Expert

Joined: 29 Nov 2009
Posts: 7888

Location: Pomona CA
107.52 Dollars($)

PostPosted: Wed Mar 02, 2016 1:06 am   Post subject: I was name the primary beneficiary  

Hello There!



My ex-husband and I were married, we put each other as beneficiary when we was working, years past away, we got divorce in friendly matter, however he never change the beneficiary name in his policy, the older sister is not to happy about it, not sure what she will do.



However the life Insurance Company called me that I'm the Beneficiary, also till his death I was with him every night.



You you give me some advice?


_________________
Register Now to have your Insurance queries solved.
ex-husband life insurance
Guest







PostPosted: Mon Mar 07, 2016 2:31 am   Post subject:   

Depends on the state. If you are the same person who posted a similar question and live in Pennsylvania, you were most likely revoked as the beneficiary of your ex-husband's policy, and he was revoked as your beneficiary by operation of state law.

The exception is for policies issued by employer-sponsored plans which are exempt from state law under ERISA. In that case, the Summary Plan Document will control the beneficiary question.



_________________

CA-licensed Life & Disability Analyst. CA Insurance Lic #0596197. Also investigating insurance company abuses, and providing litigation support/expert witness services. Send me your questions, and I'll send you my answers.
MaxHerr
Forum Expert
Leave a quick message

MaxHerr
Forum Expert

Joined: 29 Nov 2009
Posts: 7888

Location: Pomona CA
107.52 Dollars($)

PostPosted: Thu Mar 10, 2016 12:59 am   Post subject: Contesting life insurance beneficiary  

My husband died at the end of January. We were going through a divorce - 14 months into the process with a trial date set and he died (he had severe health issues so it wasn't a total surprise). There was a temporary order in place stating that he (and I) was to maintain all life insurance policies and not change beneficiaries during divorce proceedings. At that time, I believe I was the sole beneficiary of the policy.



He lost his job in May and then converted his employer coverage to an individual policy (thank goodness) but then named my two minor children as the sole beneficiaries, which he did not disclose to the court. We live in Wisconsin, a marital property/community property state and all life insurance premiums since the conversion were paid with marital assets.



We are going through the process of trying to get the court to issue a declaratory judgement to restore me as primary beneficiary to the policy. This should be a "slam dunk", right?


_________________
Register Now to have your Insurance queries solved.
legalwife
Guest







PostPosted: Fri Mar 11, 2016 1:17 am   Post subject:   

Quote:
This should be a "slam dunk", right?
Not quite. As a spouse in a community property state, at best you would be entitled to half of the death benefit. Your husband was entitled to name anyone as his beneficiary. Your community property interest extends only to 50% of the policy as property paid for with community assets. If the court understands this the children would each receive 25% of the death benefit.

For what it's worth, it's a good thing he died during the divorce, otherwise you would be suing your children. (You may still be.)


_________________

CA-licensed Life & Disability Analyst. CA Insurance Lic #0596197. Also investigating insurance company abuses, and providing litigation support/expert witness services. Send me your questions, and I'll send you my answers.
MaxHerr
Forum Expert
Leave a quick message

MaxHerr
Forum Expert

Joined: 29 Nov 2009
Posts: 7888

Location: Pomona CA
107.52 Dollars($)

PostPosted: Fri Mar 25, 2016 4:45 pm   Post subject: life insurance-massachusetts  

Is life insurance payout public record in Massachusetts?


_________________
Register Now to have your Insurance queries solved.
Tinae1967
Guest







Quick Reply
Your Name
Subject
Message body
All times are GMT
 Previous  1, 2, 3, 4, 5, 6, 7, 8, 9  Next  
Page 8 of 9


Get a Quote
Ask Community Experts

flash plugin

Quick Links

Must See

Community

Hot topics in forums

Latest in blogs

    Connection Error: Connection refused