by Guest » Wed Apr 02, 2008 10:02 pm
my dad died after an illness. he was never well enough to make sure his affairs were in order and I was unaware of his insurance policy. I had to have my dad commited to mental health and a that time, I gained pwoer of attorney on him. he only had this policy and i am left to pay for his debts. my mom who he is divorced from for 11 years was the beneficiary and is refusing to help. Is there any recourse for me or is this a lesson learned.
Posted: Thu Apr 03, 2008 09:53 am Post Subject:
Sorry about your Daddy...
First..call the ins. company that issued the policy and talk with them..tell them you are disputing the beneficiary...
Was this policy thru his work, or a private one? Are you an only child or are there other children? Has your mother remarried?
Posted: Sun Apr 06, 2008 11:50 pm Post Subject:
Kristy,
Your Father's debts ARE NOT YOURS TO PAY.
They ARE NOT your bills nor are you legally responsible to pay them regardless what a bill collector may tell you over the phone. If they have a legally enforcable debt they can march themselves down to Probate Court and file a claim against his Estate.
Forget about disputing the primary beneficiary designation.
YOU WILL NOT WIN.
There is no recourse.
Beneficiary designations on life insurance policies and annuites contracts cannot be defeated by will, by trust or any other legal process.
Posted: Mon Apr 07, 2008 02:25 am Post Subject:
Sorry to hear about your loss and sorry to hear that you are going through all this after a tough time.
I agree that the bills are not yours, they belong to your father. Are you speaking of the funeral expenses or other bills that were left behind. I know you probably want to clean everything up so that your father will be free and clear of everything. You don't want to put yourself in a jam by doing this either, not being selfish, but you have to think about your own well being also. I wish you luck and hope that you get some resolution. Again sorry for your loss.
Posted: Thu Jun 05, 2008 04:23 pm Post Subject:
We are very sorry for what happened to you. They are right in saying that you should not pay for your father's debt. And about the life insurance policy, I think you should ask the life insurance company about your case. Because your mother was already divorced from your father for 11 yrs, maybe you can contest the beneficiary for she has no relation for your father at the present time. Just ask them about it. There is nothing to loss in asking. Only the insurance company knows the best for that case.
Posted: Thu Jun 05, 2008 10:34 pm Post Subject:
joven222 wrote:
Because your mother was already divorced from your father for 11 yrs, maybe you can contest the beneficiary for she has no relation for your father at the present time. Just ask them about it. There is nothing to loss in asking. Only the insurance company knows the best for that case.
Joven with all due respect the insurance company DOES NOT know what's best for that case.
They will pay the death benefit to the person who is named as the Primary Beneficiary in the Life Insurance Contract UNLESS someone legally challenges that IN COURT.
Then the COURT and ONLY the Court will decide.
All that being said, the very FACT the ex-wife remained as the primary beneficiary for 11 years demonstrates solid intent on his part that he did in fact want her to have the money if he died.
The daughter IS NOT legally responsible to pay her Father's debts no more than if she went out and robbed a bank they would jail the Father also because she commited a crime because they are related by blood.
It doesn't work that way and the first thing you learn as a Life Insurance Agent is.....
"People Change, when People Die."
Remember, some wise person once said,
"The love of money is the root of all knds of evil."
Posted: Sat Jun 07, 2008 08:23 am Post Subject:
Hi GarySpicuzza,
I stand corrected. You have really a good knowledge about legalities. Thanks. That would help our friend here who is in need.
Btw. I like your quotes:
"People Change, when People Die."
Remember, some wise person once said,
"The love of money is the root of all knds of evil."
Posted: Sun Apr 12, 2009 11:28 am Post Subject: hi
sorry for your dad
you can do a thing call to insurance company ask for details of beneficiary and about your part in that policy if you are only child you have some chance.
try your luck
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