Beneficiary change

by Guest » Sun May 19, 2013 01:24 pm
Guest

My mother recently passed away and had a annuity. while going thru her papers i found out that my brother had the beneficiary changed from the estate to him but did so while i was power of attorney. Can i stop the insurance co from paying the claim.

Total Comments: 4

Posted: Mon May 20, 2013 05:22 am Post Subject:

What your brother did was fraud and is a criminal offense. Did you know at the time he executed the thing? Why didn't you report the fraud then? Anyway, report it to the police now if it's not too late and then talk to the insurance representative. Do this before the claim is cleared.

Posted: Tue May 21, 2013 01:08 pm Post Subject:

You're already late, but without delaying any further go ahead and file a complaint.

Posted: Wed May 22, 2013 02:45 pm Post Subject:

What your brother did was fraud and is a criminal offense

While fraud certainly is a criminal offense, MangoQuirious convicts without a trial, and, more importantly, without any evidence.

i found out that my brother had the beneficiary changed

Whether you had power of attorney or not doesn't matter, the only person who can change a beneficiary is the policyowner. How do you know your brother made the change?

This is not necessarily a matter for the police, as a previous commenter wrote. If the claim has already been paid, then it is a matter for the civil court. You would have to sue the party that was wrongfully paid the claim.

If the claim has not yet been paid, you can dispute the claim with the insurance company. If the competing claims both seem to have merit, the insurance company will likely file an "interpleader" action in the most appropriate venue and pay the money to the court.

Then all parties appear before the judge, offer their arguments and evidence, and the judge makes a ruling.

Posted: Thu May 30, 2013 11:02 pm Post Subject:

Thanks to all who have replied.....Claim has not yet been paid, just received letter from insurance company stating that the only way to stop the payout is with a court order and i have 30 Days to get one.

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