BAd Mistake

by Guest » Wed Jul 07, 2010 06:00 am
Guest

I took out a policy on my mother when I was 24 years old(10 years ago)I was thinking of myself as being her child so where it said "Beneficiary" I circled child. During the past 10 years I have paid every premium & My mother also left me as her sole executrix of her Estate via her last will & testament.

She created that will for the simple fact that my (Cool other brothers & sisters where not to be trusted,half of them are crack heads,Prostitutes,& alcoholics.(Sad but true)

Long story short,after her passing I contacted "Gerber" & they sent me a form stating " Beneficiary" to be paid in equal shares to all surviving children" You could only imagine my SHOCK! after paying for this small $7000.00
policy....This was just simply a oversight a human error made by me at the age of 24 & I only found out about the error after my dear Mother had passed away.

Already my so called brothers & sisters are calling Gerber doing there best to put a claim on this policy,they are rightfully due nothing but,I know legally due to MY stupid error the small policy I paid for will be stolen from me by drug users & common street trash (by choice)

Is there any way on earth I could contest this?
I have every receit,I have the last will stating my name only. & my mom even made a foot note inside the original policy stating "completed for Shannon 2/7/01(as she indeed knew all about the policy I had taken out on her & was happy about it.

I could go on for days about how messed up this is,question is do I have any legal grounds to a policy I paid for?

Thank you,Shannon.
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Total Comments: 11

Posted: Wed Jul 07, 2010 10:45 am Post Subject:

So Shannon, you were/are the owner of the policy is that correct?

What has Gerber said?

Posted: Wed Jul 07, 2010 12:17 pm Post Subject: insurance

LORI..just curious. Even if the 'Beneficiaries' are ALL of the children,..doesn't the OP have some kind of 'priority' (lack of a better word) because she is the policy holder? Hope you understand my question.

Posted: Wed Jul 07, 2010 03:17 pm Post Subject:

The beneficiary is the beneficiary...it doesn't matter who the policyholder is unless a lawyer and judge say otherwise. For $7k, it's not worth going to court over unfortunately, so you're probably stuck. Reason #85292 why people need agents instead of buying directly.

Posted: Wed Jul 07, 2010 06:36 pm Post Subject:

Reason #85292 why people need agents instead of buying directly.

I could NOT agree more!

Posted: Wed Jul 07, 2010 07:39 pm Post Subject:

The Will is not really going to help you, a contract is a contract. What have you told Gerber, and what have they told you?

You state you have all the receipts and paperwork, can you prove this was an error? Vilifying your siblings isn't really going to work, but evidence that suggests this was in fact a mistake could help.

Reason #85292 why people need agents instead of buying directly.



I thik 90% of the questions we get asked here could go into some book about why someone should have an agent. Of course, Shannon might have a few brothers and sisters who would disagree.

Posted: Wed Jul 07, 2010 07:40 pm Post Subject:

I thik 90% of the questions we get asked here could go into some book about why someone should have an agent. Of course, Shannon might have a few brothers and sisters who would disagree.



Touche.

Posted: Wed Jul 07, 2010 07:42 pm Post Subject:

just curious. Even if the 'Beneficiaries' are ALL of the children,..doesn't the OP have some kind of 'priority' (lack of a better word) because she is the policy holder? Hope you understand my question.



Not unless primary, secondary, and tertiary beneficaries were specified. If the OP named other beneficiary along with herself and listed them as primary beneficiary then the benefit is divided among them. Only if she had specified other beneficiaries as secondary and tertiary would she have complete rights to the money before them, and they would only be entitiled to funds if she predeceased them.

Posted: Wed Jul 07, 2010 10:17 pm Post Subject:

Of course, Shannon might have a few brothers and sisters who would disagree.

:lol: :lol: no doubt! :roll:

Posted: Fri Jul 09, 2010 04:59 am Post Subject:

Could it be that Gerber is imposing its own interpretation of "child" to mean "children"? Might bear looking at a copy of the original application for the actual designation.

BTW . . . does Gerber write new coverage for persons over age 14? I've never seen anything from them other than jumping juvenile policies with issue age to 14.

Posted: Fri Jul 09, 2010 02:22 pm Post Subject:

I was a little surprised by that as well Max. I get those Gerber mailers every month...but they are always for children/grandchildren. Pretty good fire starters in the winter :wink:

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