What proof do you need to contest a life insurance beneficiary?

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PostPosted: Tue Oct 18, 2011 5:31 pm   Post subject: Money Market  

My sister being in Illinois, has the bank attorney looking into the matter. I will let you know what we find.....Thank you for your input it was very helpful. We were not estranged. Matter of fact my sister and I remodeled my parents kitchen in 2008.


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Jaeger
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PostPosted: Tue Oct 18, 2011 9:42 pm   Post subject: contest life insurance benifery  

my father just pass this first policy he took out in 1993 was in his x girlfriends name in 05 he change the bene to my name in 09 my mom pass so my father took out another policy from the same company, ( my father never got pass the 8 grade so a lot of time he would have ppl help him fill out his paper work) the second policy i find out his x was the bene and i were name the contigent. i belive that he didnt know the different or was told wrong on her behave is there anything i can do, my policy paid for my father funeral bill leaving me and my brothers little, she refuse to at least pay half the bill nor give my brothers anything


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bangieb755
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PostPosted: Wed Oct 19, 2011 1:08 pm   Post subject:   

Unfortunately, unless you have some kind of absolute proof that your father was misled or coerced into doing something against his will, you will not be able to remove the beneficiary and put yourself in her place. It's her money and she can do with it as she pleases.



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PostPosted: Fri Oct 21, 2011 7:26 pm   Post subject: Money Market  

We have a bank attorney representing my sister and I. These woman want my sister to send them our Dads death certificate so they can get into the Money Market account. My sister is not going to give them any death certificates. Is there any way they can obtain a death certificate without being next of kin?


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Jaeger
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PostPosted: Sat Oct 22, 2011 5:41 am   Post subject:   

Most states will provide an "informational" copy of the death certificate to non-kin. While not a "certified" copy, it is accepted by insurance companies as proof of death since it is issued by the state. If you have concerns about these persons invading the bank account, you should get a protective order from the court to freeze the account until a hearing can be held to determine the outcome of the dispute.



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PostPosted: Thu Nov 03, 2011 6:23 am   Post subject: Health insurance  

To avoid problems, you should grab your phone and call insurance company.You are free to ask an insurance agent about your plan.

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PostPosted: Sun Nov 27, 2011 9:22 pm   Post subject:   

Just had the same situation. The ex-wife of over 30 years submitted the divorce decree, the insurance company declined it. The ex-wife sued and won.

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PostPosted: Sun May 13, 2012 3:17 am   Post subject: life insurance  

My ex husband died in April in Texas. Our divorce decree orderd him to get life insurance on our children they are over 18 years. The divorce decree has instructed me to be named the beni. Does the insurance company have to pay me or the children. Shocked


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PostPosted: Sun May 13, 2012 6:58 am   Post subject:   

Perhaps you are mistaken. If the court ordered your ex-husband to "get life insurance on [your] children" then one or both of your children have to die for you to collect money as their beneficiary. Your ex-husband's death means nothing according to your post.



Maybe with better information we can give you a better answer.



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PostPosted: Wed Jun 06, 2012 12:31 am   Post subject: employer life ins  

I live in ohio and was the beneficiary of my ex husbands life insurance. I received the money. It has been ten years and now his family wants the money. Do I have to give it to them or do I have the right to keep it.


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fed up in ohio
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PostPosted: Wed Jun 06, 2012 8:52 am   Post subject:   

fed up in ohio,



Not only does his family want the money, but I want it also. Please send half to his family and half to me.



Alternatively, you can just keep the money for yourself since it is your money. Unless a court tells you that the money belongs to someone else, it is your money.


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PostPosted: Sat Sep 15, 2012 9:48 pm   Post subject: agent forgot to % by names on my mother policy  

My mom passed away and her agent forgot to write down the % by the names of the people to get money. the insrance company was going to divide it 20% to each person. That is not what she had stated it was 75% to me pluse my 12 yrs 5% and the other 4 people to get 5% each.

I am the primary and had POA .I made the insurance agent write a letter to the insurance company and he admitted to his mistake he is asking for them to honor it or use her old policy of 45% to me 20% to each of my children and 10% to one brother and 5% to another and nothing to my sister or use the policy 60% to me 5% to each of my children and 10% to each brother and sister it has been in with they'er legal team what will most likely happen.


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jody 46
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PostPosted: Sun Sep 16, 2012 6:17 am   Post subject:   

Quote:
I am the primary and had POA .I made the insurance agent write a letter to the insurance company and he admitted to his mistake he is asking for them to honor it or use her old policy of 45% to me 20% to each of my children and 10% to one brother and 5% to another and nothing to my sister or use the policy 60% to me 5% to each of my children and 10% to each brother and sister it has been in with they'er legal team what will most likely happen.


You can take your POA to Starbucks and with an additional $5 buy something that has too many calories in it for a cup of coffee. As far as the insurance company is concerned, your POA is meaningless.



You are POWERLESS to demand anything when it comes to distribution of the life insurance proceeds in any manner other than what was on record. Period, end of discussion. You weren't even in a position to change the beneficiaries before your mother died, POA or not.



You are not the (sole) "primary" beneficiary if there were others named alongside you. That is evident by the fact that "the insurance company was going to divide it 20% to each person." There are obviously five primary beneficiaries for that to be a true statement.



And it doesn't matter what you THINK your mother would have wanted, the insurance company is bound by what is written on paper and signed for by your mother PRIOR TO HER DEATH. If it's 20% equal shares among five persons, so be it.



What you can do is sue the agent for negligence in failing to follow your mother's instructions -- he should have a $1,000,000 Errors & Omissions policy covering his mistakes. You can file a claim against his E&O policy for the money you believe didn't get due to his negligence. You'll have to provide DOCUMENTARY PROOF -- not hearsay testimony -- of what your mother's desires were, and you can use that at trial to try to prove the agent did something wrong.



But without that lofty standard of proof, you are talking into the wind, and the effort you expend could be met with a court order tossing your case out the window and requiring you to pay the insurance agent's legal fees for a frivolous complaint.


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PostPosted: Sat Sep 22, 2012 12:03 am   Post subject: life insurance  

My father died 1 year ago. I am 27, my brother 23. My father was married to my step-mom only 5 years. Up until his marriage to her, my brother and I were 50% and his ex wife was 50% beneficiaries. Now, the present wife of 5 years said she was the sole beneficiary. I do not believe it. Is there a way we can find out who the beneficiaries are and when and if he changed his life insurance policy?


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PostPosted: Sat Sep 22, 2012 10:32 pm   Post subject:   

Quote:
Is there a way we can find out who the beneficiaries are and when and if he changed his life insurance policy?


Has the death benefit been paid? If so, it was paid the beneficiary of record. It would probably take a strongly worded letter from a lawyer to obtain disclosure of the name of the beneficiary and when the change was made. If the letter doesn't work, it would take a court order for discovery, and that would not be free.


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CA-licensed Life & Disability Analyst. CA Insurance Lic #0596197. Also investigating insurance company abuses, and providing litigation support/expert witness services. Send me your questions, and I'll send you my answers.
MaxHerr
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MaxHerr
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