if two beneficiaries were paid, wouldn't I also have a part

Message Author
ampm-bookmark
delicious-small Add to delicious
yahoomyweb-small Add to YahooMyWeb
blinklist-small Add to BlinkList
PostPosted: Mon Sep 16, 2013 3:11 am   Post subject: if two beneficiaries were paid, wouldn't I also have a part  

My mother passed & my ex-step dad is the executor. When the question of any life insurance policies came up my ex-step dad said my uncle (moms brother) called the claims office regarding this matter. The beneficiary list went as follows....step-dad, moms brother, moms sister, daughter. When my uncle informed them that my step dad was divorced from my mom, they sent a portion of the life insurance to my uncle & the other to my aunt. My question is if two beneficiaries were paid, wouldn't I also have a part interest to be paid out as well?

sweetheather27
New member
Leave a quick message



Joined: 16 Sep 2013
Posts: 1


1.19 Dollars($)

PostPosted: Mon Sep 16, 2013 5:09 am   Post subject:   

In some states, divorce sometimes revokes insurance beneficiary designations. Please check with your state laws and moreover, what is written in the insurance papers if you have access to that.



Since life insurance is never a part of someone's estate, the money should go tho whoever is named as beneficiary.



_________________

Owning a home is a keystone of wealth - both financial affluence and emotional security. ~ Suze Orman
MangoQurious
Senior member
Leave a quick message

MangoQurious

Joined: 12 Mar 2013
Posts: 270

Location: Sacramento, CA
61.23 Dollars($)

PostPosted: Mon Sep 16, 2013 1:47 pm   Post subject:   

Quote:
My question is if two beneficiaries were paid, wouldn't I also have a part interest to be paid out as well?
Maybe, maybe not. In order for you to receive money from a life insurance policy you have to be on the same "level" as the other beneficiary(ies).



"Step-dad" was probably the primary beneficiary, with "Brother" and "Sister" listed as contingent beneficiaries. "Daughter" might have been listed as a "tertiary" beneficiary rather than as a "contingent". If that's true, then Daughter has no claim to any portion of the life insurance proceeds.



Why mom would value her brother and sister more highly than her own daughter? is a question only mom can answer, and she's dead, so we'll never know the answer.



You can always call the insurance company and ask what position you were in at the time of your mother's death. Step-dad was, if legally divorced from mom at the time of her death, probably revoked as primary beneficiary automatically when the divorce was made final by operation of state law, because 22 or 23 states now have such laws in their Probate Codes. That action automatically elevates the contingent beneficiary(ies) to primary status, and everyone below them moves up a notch as well.


_________________

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
Forum Expert
Leave a quick message

MaxHerr
Forum Expert

Joined: 29 Nov 2009
Posts: 7888

Location: Pomona CA
107.61 Dollars($)

Quick Reply
Your Name
Subject
Message body
All times are GMT
Page 1 of 1


Get a Quote
Ask Community Experts

flash plugin

Quick Links

Must See

Community

Hot topics in forums

Latest in blogs

    Connection Error: Connection refused