Another beneficiary contestment

by LMAbernathy » Mon Jan 28, 2008 05:54 pm

Hi guys,
As you might know I am contesting the beneficiary change (from 1995) of my late father (I was his original beneficiary). Currently, his ex wife (they divorced in 1999) is listed as his beneficiary. I believe that I was change back to beneficiary in 1999 (the year they were divorced and the year I turned 18) and that either the local represenative or the home office has misplaced this amendment and never had it recorded.

The insurance company said that I can also file a claim for the policy even though I am not who they show as beneficiary. You see I have the original policy and I am his only relative therefore I am supposed to be the only person who can get certified death certificates. They of course want me to send them these things. Does this sound fishy to anyone else?

I am kind of wondering how hard they are really going to look for the "lost" amendment? If it is found would they not be considered negligent for losing it and making me go through all of this?

Also they sent my attorneys a copy of the beneficiary form that changed my dad's ex-wife to beneficiary. It also looks a little strange to me. My step-mother filled out the entire form. My dad only signed the bottom. Also he checked boxed to change the billing address and the beneficiary on the same form. I would hope my step mother would not have done this but at this point I am not putting anything past her. How do I know that my dad didn't think he was signing a change of address form and then she went back and changed herself to beneficiary before it was mailed off? I mean this women truely is evil and she knows this money is intended for me (my father's only child and basically his only living relative)

Also would this matter to a court. I have a hand written letter from my step-mother that she wrote when she left my father. My dad had to go out of the state for a week for training for work. I was 17 and was staying at home with my step mother. I went to school on Mon. and when I came home there was nothing in my house except for this note. She took all the furniture, the dishes, even all the food. It was this note and a phone in the floor. In the note she repeatedly states she doesn't want anything but what she has already taken. She goes on to state that I won and now I have my daddy's time, house, and money. Does this letter mean anything?

She also requests him to lie (which he did) and say they have been seperated for a year so that their divoce would go through immediatly. They were only married for 3 1/2 years.

Total Comments: 4

Posted: Mon Jan 28, 2008 06:03 pm Post Subject:

Also she was not his wife at the time of the beneficary change. For relationship it states fiancee. After they were married she never even took his last name.

I am the sole beneficiary for his will and his family trust. This life insurance policy is for a lot of money he would not have wanted her to have it. I have several witnesses (including the witness who signed the change of beneficiary to her) that would testify that he told them I was to get this life insursance money, his co-workers, his stock broker, accountants, personal friends, every body knows that this is supposed to be my money

Posted: Mon Jan 28, 2008 11:17 pm Post Subject:

They of course want me to send them these things. Does this sound fishy to anyone else?

No life policy will pay without a certified death certificate...so that part doesn't sound fishy to me...do you though have assurance from the insurance company (in writing would be good) that they will not issue payment of this policy to your ex step mother once they get this death certificate? What does your attorney say about this?

I think you have a lot of good evidence....what EXACTLY is the insurance carrier saying?

Posted: Tue Jan 29, 2008 04:00 am Post Subject:

I think you have a pretty strong case in our hand and all these evidences are going to help you in establishing your position. Wising you luck.

Posted: Fri Feb 01, 2008 12:16 pm Post Subject:

Looks like you got some good advice here, hope you got the help you needed here.

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