my sister named my mother as benificiary on her life insurance not her husband but he thinks he will get the money, does he have a legal right to the money?
Total Comments: 23
Posted: Tue Jul 20, 2010 04:25 pm Post Subject:
he thinks he will get the money, does he have a legal right to the money?
I am also thinking to get some part of it...!!! Joke apart!!
If his name is not added in the contract as a beneficiary by no means he can get the proceedings.
One more point to keep in mind is that if she (your sister) decides to change the beneficiary on her life insurance contract she can change it for 'n' number of times.I mean she can change it at any given point of time.and again change it and again change it....this is what 'n' number of times.
DIMG
Posted: Tue Jul 20, 2010 05:54 pm Post Subject:
It will all go to your mom. He doesn't have a legal right to it.
Posted: Wed Jul 21, 2010 04:55 pm Post Subject:
It will all go to your mom.
Assuming of course Mom is alive when your sister dies.
He doesn't have a legal right to it.
As long as Mom is alive at the time your sister dies.
If Mom dies prior to your sister, and no change to the beneficiary is made, and there is no named "contingent" beneficiary (such as you), the money is payable to your sister's estate if she was the owner of the policy. If she dies intestate (without a will), her husband will likely end up with the money, if they're still legally married at the time of her death.
Posted: Thu Jul 22, 2010 04:37 am Post Subject:
my sister has recently passed and my mother has not even filed the claim yet, but we have gotten a letter from the insurance agent telling us that her husband has been calling trying to get the money released to him because he plans to contest the benificiary designation. I have told my mother every thing i have learned from this forum but she is still worried that he will take her to court!
Posted: Thu Jul 22, 2010 05:41 am Post Subject:
There is nothing to contest. There is no law in any state that I am aware of that requires a husband to be named the beneficiary. He can contest all he wants, he's not going to get the money.
The only possible argument is that your mother [intimidated/compelled/coerced/threatened great bodily harm against] your sister/her daughter in order to be named the beneficiary. That's a highly speculative proposition, and the evidence of that would have to be very weighty indeed.
Your mother has nothing to fear. Get the death claim form, fill it out, return it with a certified copy of the death certificate, and the money will be paid according to the beneficiary designation in force at the time of your sister's death.
Posted: Thu Jul 22, 2010 03:49 pm Post Subject:
but she is still worried that he will take her to court!
Filing the documents to receive insurance money is not a criminal offense.So firstly there is no need to fear.
Rather you should frankly tell your sister's husband to go ahead with whatever court action he wish to take.As everything is very clear from your side you need not have to worry about the happenings in court.
Meanwhile you start the process of claim by submitting all the documents to insurance company and thus it will save lot of your time.
DIMG
Posted: Thu Jul 22, 2010 05:52 pm Post Subject:
Filing the documents to receive insurance money is not a criminal offense
Just as with any other claim, it is a criminal offense when fraud is involved.
To be clear, that is not the subject of this OP's question. The question is disputing a beneficiary's entitlement to the policy proceeds. Anyone can do that by filing a challenge. If the insurance company cannot instantly sort it out, it may have to wait until a court renders a decision in the matter.
It's all rather disgusting the way some people act when life insurance (or other) money is the issue.
Posted: Thu Jul 29, 2010 08:03 am Post Subject:
Can your beneficiary collect life-insurance benefits after your suicide? Tell me answer.
__________________ Credit Repair
Posted: Thu Jul 29, 2010 04:43 pm Post Subject:
Can your beneficiary collect life-insurance benefits after your suicide?
The answer is YES. But the amount they will receive depends on the timing of the death.
If the death occurs prior to the policy being in force two years in most states (only one year in a few), the insurance company pays the amount paid in premiums as the death benefit.
If the death occurs more than two years after the policy is in force, the insurer will pay the full death benefit amount, less any policy loans and unpaid loan interest.
Posted: Tue Jul 20, 2010 04:25 pm Post Subject:
he thinks he will get the money, does he have a legal right to the money?
I am also thinking to get some part of it...!!! Joke apart!!
If his name is not added in the contract as a beneficiary by no means he can get the proceedings.
One more point to keep in mind is that if she (your sister) decides to change the beneficiary on her life insurance contract she can change it for 'n' number of times.I mean she can change it at any given point of time.and again change it and again change it....this is what 'n' number of times.
DIMG
Posted: Tue Jul 20, 2010 05:54 pm Post Subject:
It will all go to your mom. He doesn't have a legal right to it.
Posted: Wed Jul 21, 2010 04:55 pm Post Subject:
It will all go to your mom.
Assuming of course Mom is alive when your sister dies.
He doesn't have a legal right to it.
As long as Mom is alive at the time your sister dies.
If Mom dies prior to your sister, and no change to the beneficiary is made, and there is no named "contingent" beneficiary (such as you), the money is payable to your sister's estate if she was the owner of the policy. If she dies intestate (without a will), her husband will likely end up with the money, if they're still legally married at the time of her death.
Posted: Thu Jul 22, 2010 04:37 am Post Subject:
my sister has recently passed and my mother has not even filed the claim yet, but we have gotten a letter from the insurance agent telling us that her husband has been calling trying to get the money released to him because he plans to contest the benificiary designation. I have told my mother every thing i have learned from this forum but she is still worried that he will take her to court!
Posted: Thu Jul 22, 2010 05:41 am Post Subject:
There is nothing to contest. There is no law in any state that I am aware of that requires a husband to be named the beneficiary. He can contest all he wants, he's not going to get the money.
The only possible argument is that your mother [intimidated/compelled/coerced/threatened great bodily harm against] your sister/her daughter in order to be named the beneficiary. That's a highly speculative proposition, and the evidence of that would have to be very weighty indeed.
Your mother has nothing to fear. Get the death claim form, fill it out, return it with a certified copy of the death certificate, and the money will be paid according to the beneficiary designation in force at the time of your sister's death.
Posted: Thu Jul 22, 2010 03:49 pm Post Subject:
but she is still worried that he will take her to court!
Filing the documents to receive insurance money is not a criminal offense.So firstly there is no need to fear.
Rather you should frankly tell your sister's husband to go ahead with whatever court action he wish to take.As everything is very clear from your side you need not have to worry about the happenings in court.
Meanwhile you start the process of claim by submitting all the documents to insurance company and thus it will save lot of your time.
DIMG
Posted: Thu Jul 22, 2010 05:52 pm Post Subject:
Filing the documents to receive insurance money is not a criminal offense
Just as with any other claim, it is a criminal offense when fraud is involved.
To be clear, that is not the subject of this OP's question. The question is disputing a beneficiary's entitlement to the policy proceeds. Anyone can do that by filing a challenge. If the insurance company cannot instantly sort it out, it may have to wait until a court renders a decision in the matter.
It's all rather disgusting the way some people act when life insurance (or other) money is the issue.
Posted: Thu Jul 29, 2010 08:03 am Post Subject:
Can your beneficiary collect life-insurance benefits after your suicide? Tell me answer.
__________________
Credit Repair
Posted: Thu Jul 29, 2010 04:43 pm Post Subject:
Can your beneficiary collect life-insurance benefits after your suicide?
The answer is YES. But the amount they will receive depends on the timing of the death.
If the death occurs prior to the policy being in force two years in most states (only one year in a few), the insurance company pays the amount paid in premiums as the death benefit.
If the death occurs more than two years after the policy is in force, the insurer will pay the full death benefit amount, less any policy loans and unpaid loan interest.
Posted: Sat Jul 31, 2010 02:59 am Post Subject:
Missouri, best place to be suicidal...heh
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