Spouse change life insurance without consent?

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PostPosted: Sat Oct 26, 2013 7:15 pm   Post subject: Robbed of spousal life insurance from work 50  

I need an answer fast


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PostPosted: Sat Oct 26, 2013 11:49 pm   Post subject:   

I assume your husband has passed away. My condolences for that. My question has to do with who your husband's employer was -- private or governmental (city, county, state, or federal). The majority of governmental employers are exempt from ERISA, and if so, spousal consent would not be a requirement.



If the employer was a private company with 20 or more employees, the policy was probably governed under ERISA, and there very well could have been a violation of federal law in making a beneficiary change without spousal consent. Normally, Power of Attorney is insufficient to effect such changes, but employers and insurance companies may treat that differently, whether it's right or not.



You probably need to seek the advice of an attorney experienced in ERISA law. Assuming the death benefits have already been paid out, the insurance company probably has no liability if it can show that it reasonably believed it was paying the correct beneficiary.



If you can prove the insurance company was aware that required spousal consent was not obtained (or forged), they could be required to make a second payment of the death benefit. If not, you have to sue the beneficiary who received the money. Winning is one thing, collecting the money is another.



This is a complex matter, and an ordinary attorney is probably not equipped to handle it. You have to use someone with experience in ERISA matters.



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PostPosted: Wed Aug 13, 2014 5:45 pm   Post subject: life ins policy  

My husband was in a hurry to get paperwork into his new employer. He put papers in front of me to sign so that he can put me as beneficiary on his life insurance. Can he remove me as beneficiary anytime he chooses?


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PostPosted: Wed Aug 13, 2014 5:50 pm   Post subject: life insurance  

Does a wifes signiture have to be notorized inorder to be removed from her husbands life insurance through his employer?


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PostPosted: Wed Aug 13, 2014 6:05 pm   Post subject:   

Quote:
to be removed from her husbands life insurance
As a beneficiary or as an insured? My guess is you're asking about the wife as beneficiary.

If the employer is not a government entity, the policy is likely to be governed under ERISA, in which case the plan documents will control. Also, if the employer is in one of the nine community property states, there may be some additional hoops. But, generally speaking, notaries are not involved in life insurance matters.

There can be further complications due to divorce. Nearly half of the 50 states now have probate laws that revoke a spouse as beneficiary at the moment a divorce is finalized. However, those state laws are superseded by ERISA, which is federal law, and the plan document controls. Some ERISA policies automatically remove a spouse if a divorce occurs and require the employee to affirmatively rename the spouse following a divorce, and others pay the last named beneficiary regardless of a divorce. If a divorced spouse has a QDRO that requires him/her to be made an irrevocable beneficiary, that spouse must serve the plan Administrator with a copy of the court order to protect his/her rights.

Many divorce lawyers are not knowledgeable when it comes to insurance matters in the workplace. Many fail to understand the difference between making a divorcing spouse an irrevocable beneficiary vs. transferring ownership of an individually owned life policy to the divorcing spouse. Whether you are the employee or a spouse, you can always consult a Life & Disability Insurance Analyst (known as an Insurance Counselor or Consultant in some states -- but always a different license than a life agent) for specific and unbiased information and advice about a policy and how it works, and what steps an insured or beneficiary needs to take.


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PostPosted: Mon Jul 08, 2019 2:29 am   Post subject:   

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