Who can change the beneficiary legally?

by Guest » Fri Apr 09, 2010 01:44 pm
Guest

Just trying to get a grip here!

My father recently passed away.

He had an ex-girlfriend who looked after his books. She skimmed money out of his account (she set it up jointly to make it "easier" to pay bills) for nearly two years! He had diagnosed Alzheimers', and he believed whatever she said - he never looked at the paperwork, she dissapeared before he died.

She changed the beneficiaries on his IRA - this we have managed to revert via the Living Trust he set up for us, but not on his company life insurance policy. His signature did not appear on the IRA at all - she copied his drivers' license, and simply put herself down as the beneficiary - it had her signature only, and the company accepted it!!! Thank heaven that was resolved - I find it hard to believe that this is allowed in any case.

She does NOT appear on the Living Trust. However, he has left debts that need to be paid - is there a way, if his signature does not appear on the beneficiary documents, to have this corrected? If this is genuinely what he wanted it would be different - but I was holding his hand when he died and she was nowhere - she could be dead, we don't know - but we had discussed his wishes prior to his death, and this is certainly not what he intended. He gave her a car, and has paid for cell phones and expenses - from there, he had no other intentions to leave other assets (hence the Trust). They were never married or engaged, and they have never cohabited - there is evidence to corroborate all of the above.

I know that company life insurance does not have the automatic cancellation of rights at the end of a relationship, but if she named herself as beneficiary, without my fathers' signature, knowledge or consent, surely this is fraud? Particularly given his vulnerable mental state. Any advice gratefully received.

Total Comments: 18

Posted: Tue Jun 24, 2014 05:25 am Post Subject:

InsTeacher, I am agree with you. If she is able to change the beneficiary, then definitely she have Power Of Attorney for this otherwise no one can change the name of beneficiary except the owner of the policy.

Posted: Tue Jun 24, 2014 04:54 pm Post Subject:

If she is able to change the beneficiary, then definitely she have Power Of Attorney

First off, you are responding to a post that is 4 years old. Second, very few insurance companies will accept Power of Attorney as the basis to change a beneficiary designation, because there is no way to verify that the change being made is what the owner desires, and could be entirely fraudulent. The insurance company does not want that trouble on its hands.

Posted: Mon Jun 01, 2015 04:25 am Post Subject: POA

I'm in Federal court now with metlife and the POA of my fathers Estste.He changed my fathers Will 9 days before he died and had been changing my fathers policy for 3 yrs but my father never filled it out or did he sign it.Metlife denied him 3x's and he changed the POA 2x's.The 2nd x(POA) he copied exactly what metlife told him the POA should have said the first time.The whole time i "his son"knew nothing about this.He is my fathwers friend and told him he was my dad cousin.He is not related to us at all.So now Metlife is giving it to a judge to decide who should get the money.I'm on the policy 100%.The money was left for me and my daughter his only granddaughter.They"metlife said it goes to me,that A-Hole,or the estate which means he gets it.I'm so pissed at this guy.This money is mine.What can i do?????

Posted: Wed Jun 03, 2015 10:55 am Post Subject:

You will have to hire an attorney to present your case to the federal court in which the "interpleader" action is filed. This is a serious matter and without an experienced insurance attorney, you will not be in a good position to win.

Posted: Fri Oct 05, 2018 08:54 pm Post Subject: Poa

Most insurance companies do not allow p o a to change insurance it can only be c changed by policy holders

Posted: Fri Oct 05, 2018 08:54 pm Post Subject: Poa

Most insurance companies do not allow p o a to change insurance it can only be c changed by policy holders

Posted: Fri Nov 22, 2019 01:15 am Post Subject: Hello

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