by stub1313 » Wed Jul 30, 2014 04:19 pm
my stepmother who is my fathers 3rd wife is contesting his life insurance which I am beneficiary. my mother who was his 1st wife had in her divorce decree that I was irrevocable beneficiary. this was in 1975. can she do this?
Posted: Thu Jul 31, 2014 08:08 pm Post Subject:
can she do this?
Your grammar is horrible. Which "she" are you asking about, the stepmother or the first wife? Who was the owner of the policy?It's one thing to have a divorce order that says a person is to be named the irrevocable beneficiary, and it's another when the policyowner fails to follow that order. Following a divorce in which such an order is granted, the beneficiary needs to follow up and present a copy of the order to the insurance company to enforce their right. If that was never done, then you are headed to court in what's called an Interpleader action.
Posted: Thu Jul 31, 2014 09:51 pm Post Subject: stepmother contesting irrevocable life insurance
Obviously she is the stepmother since I said that's who was contesting it. My father worked for as a Plainfield NJ fireman, the life insurance is through the pension board. My mother was the 1st wife it was in their divorce decree. It has to go through the pension board then they send to insurance agent. I sent decree to the pension board.My father is the owner and he passed on JUNE 4,2014. I have been the beneficiary since 1975. And really no need to be nasty about my grammar.Can my stepmother contest my being the beneficiary?
Posted: Fri Aug 01, 2014 12:14 am Post Subject:
I sent decree to the pension board.
Ideally, this was supposed to have been done in 1975, or whenever the divorce was final."Can she do this?" is what you asked in your original post, but it followed the statement, "my mother . . . had in her divorce decree" and so the question was ambiguous. I did not want to assume that "she" was the stepmother.
"Can my stepmother [do this]?" Yes, of course, anyone can do this. Will she win the contest? Almost 100% certain the answer is NO. While an ERISA plan document usually preserves the spouse as beneficiary, a valid court order supersedes that if tendered to the pension plan.
However, as a city firefighter, the pension plan would NOT be governed by ERISA, and that plan can set any rules it chooses as long as they are not discriminatory. Still, a valid court order takes precedence over a plan's provisions, so you should not have any issue being paid 100% of the policy proceeds.
If, however, the pension plan administrator decides differently, you could have a cause of action against the plan for negligence.
Posted: Fri Aug 01, 2014 12:26 am Post Subject:
Yes the decree was sent in 1975. They asked for it again.
Thank You for the information. My stepmother is just being an ass. She thinks she should get the money. It's the only thing my father left for me. Hopefully all goes well.
Thanks again
Posted: Thu Sep 04, 2014 02:13 am Post Subject: Wow, very rude.
Sorry for your troubles Stub1313. You're right that your stepmother is being a complete ass. Greedy as well. He was your father and thank goodness your mother had the sense to set this up for you! MaxHERR - wow, you provided some great information but how about having a little couth? Someone asks for advice and the first thing you do is insult? Really, quite professional. I would have paid you NOTHING.
Posted: Thu Sep 04, 2014 03:41 am Post Subject:
the first thing you do is insult?
No, the first thing I need to do to provide an appropriate answer is to make sure I know what the situation is. The OP referred to two different female persons, each of whom did something different, then asked whether "she" could do this. Yes, I had a pretty good idea which "she" was being addressed, but needed confirmation. It's the most important part of the process.I would have paid you NOTHING
Which is exactly what everyone who posts a question on this site pays me. Get a life.Add your comment