by mckitari » Tue Mar 04, 2008 03:44 am
1. My mom and her live-in boyfriend of 20 years both passed away within 34 days of each other. He passed on 01/01/08 of natural causes. She was his primary beneficiary. My mom was capable of and did authorize the funeral home to be payed by the first (burial) policy. I had power of attorney over my moms affairs. She asked me to file a claim with his second life insurance co. I did so. My mom then passed away on 02/03/08.
Is my moms estate the rightful beneficiary of the second policy or will it go to his brother the secondary beneficiary?
2. My mom was married to a different man in 1980. They went seperate ways but never divorced. My mom did not name a beneficiary on one of her policies. Indiana laws govern that it automatically goes to her husband. We have not seen or heard from since 1980 when they split. He physically abused my mother and her three daughters often when they where together. He is a homeless repeat sex offender in Washington State.
Could I win if I contest his beneficiary claim?
Is my moms estate the rightful beneficiary of the second policy or will it go to his brother the secondary beneficiary?
2. My mom was married to a different man in 1980. They went seperate ways but never divorced. My mom did not name a beneficiary on one of her policies. Indiana laws govern that it automatically goes to her husband. We have not seen or heard from since 1980 when they split. He physically abused my mother and her three daughters often when they where together. He is a homeless repeat sex offender in Washington State.
Could I win if I contest his beneficiary claim?
Posted: Tue Mar 04, 2008 06:25 am Post Subject: check the rights to the 2nd policy!
Hi,
You say you have the power of attorney over mom's affairs. I believe even if you didn't have it, being the heir to your mom's legacies you'd always have the right to inherit her rights.
So, if she was the primary beneficiary, then its possible she knew what benefits she has against the second policy as well. I don't think she'd have asked you to file a claim in vain. Please check up with the dept. of insurance about her rights to this 2nd one as well!
Please keep us informed,
Stormynite88
Posted: Tue Mar 04, 2008 06:46 am Post Subject:
Hey stormynite88, I think we also need to check out the exceptions to his policies as well. May be the policies to which she was a beneficiary are not offering any benefits to her post 1980 (ie. the day she got married to someone else) I think we should not leave anything unturned :)
Regards,
PlayboyKUKU
Posted: Tue Mar 04, 2008 06:58 am Post Subject: indiana laws
Could I win if I contest his beneficiary claim?
First thing I believe you'd need to make sure is whether he has left a beneficiary or not!
Indiana laws govern that it automatically goes to her husband.
Check out with the indiana laws whether in the absence of the named beneficiaries it requires all the benefits to be apportioned amongst you & the three daughters...since the daughters also belonged to your mom.
awaiting your reports..Claude_fucs
Posted: Tue Mar 04, 2008 12:56 pm Post Subject:
If mom was the beneficary of boyfriends policy and he preceeded her in death then that 'should' go to mom's estate...now if mom did not name a beneficiary on her policy....you might have a problem....i think this one may need an estate lawyer to help you....
ps so very sorry that you lost both your mama and her companion so closely together....you're family is in my prayers
Posted: Tue Mar 04, 2008 09:32 pm Post Subject:
I also am sorry to hear of your losses. Anyone who reads this should see why it is important to keep policies updated. Your lovrd ones are already going through such grief that they wouldn't need anymore. This happened to my mother about 10 years ago. Everything went to the ex-wife of long, long ago. Her hubby never went and changed his policy after they met.
Posted: Tue Mar 04, 2008 10:38 pm Post Subject: please, let me explain
1st mom married "D" in 1980. They split, never divorced.On 1 of moms policies she failed to name a beneficiary. Insurance co says benefits go to"D" the husband, doesn't matter if haven't been together since 1980 because still married.
2nd mom then met and fell in love with "J". He moved in with her. they never got married because she was still married to "D".
"J" did name mom as primary beneficiary.
Mom did name me as personal rep. and power of attorney.
Posted: Wed Mar 05, 2008 11:30 am Post Subject:
Thats sad she never named a beneficiary on that first policy cause now someone who hasn't been with her in a long time will benefit but like I said this is why we all must keep our policies current. If the person "d"had any moral values he would make sure someone in her immediate family received the money but I also know how people are these days. Thats what I would have done in this situation. I would have returned the money to the family to help with the funeral costs and such.
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