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 Posted: Wed Apr 08, 2009 12:15 am Post subject: Contest beneficiary |
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My father passed away in march. He had a life insurance policiy. I am the youngest of 5 kids and my father only put myself and another one of my sisters as his beneficiaries. The problem is my oldest sister thinks she should get some of it? Could she take me to court and win? What will become of this?
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jennw
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| Posted: Wed Apr 08, 2009 3:11 pm Post subject: |
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| What is your age and are you a primary beneficiary? There are almost no chances of your eldest sister winning a judgement (Unless it is not mentioned in the 'will' clearly). In case, you are minor, you will not be getting the benefits right now, instead they will remain as it is untill you grow 18 and then the disbursements will proceed but you will be getiing the benefits, as your case is seen. |
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VIJAYRAJ
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| Posted: Wed Apr 08, 2009 4:42 pm Post subject: |
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Hi,
If your under 18 year old she can't take you in court.
If your father statement is complete & they have not wish to add them in to his property so she can't Take any action. She can't Get some of it.
She can't get you in court & she unable to get anything of your own property.
I will hope you will satisfied by my Comment.
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buckisaa
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| Posted: Thu Apr 09, 2009 7:06 am Post subject: |
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Hi jennw
As far as I have known, your oldest sister can definitely challenge this policy. The case will go to court and the court can give its opinion based on the fact that your dad has failed his moral duty as parent and has not made proper provision for your eldest sister in accordance to his means. The court may take in to account the amount left to you and your other sister and if there has been any amount left to his spouse.
Your eldest sister's age will also be considered here. Actually jennw what the court will consider here is not whether your eldest sister is dependent or not but if your dad has failed his moral duty. If her case is strong, she might win. Sorry.
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sil
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| Posted: Thu Apr 09, 2009 9:38 am Post subject: |
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Hi Sil,
| Quote: | | Actually jennw what the court will consider here is not whether your eldest sister is dependent or not but if your dad has failed his moral duty. |
Now, on what basis would the court decide whether his Dad has actually performed his moral duty or not!
Would the judgment remain the same irrespective of whether his sister is adult or not?
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ArindamSenIndies
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| Posted: Thu Apr 09, 2009 11:58 am Post subject: |
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Hi Arin
| Quote: | Now, on what basis would the court decide whether his Dad has actually performed his moral duty or not!
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The judgement that the court will pass will be based on how the court sees the matter as a wise parent. The relationship that the eldest sister had with her dad, what position the other two kids have and any other circumstance that will assist the court in taking a decision will be used. The decision must be fair to all those in question.
| Quote: | | Would the judgment remain the same irrespective of whether his sister is adult or not? |
No.
If the eldest sister in question is an adult and has done well for herself during the lifetime of the father, then the question of moral duty may be put aside.
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sil
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| Posted: Tue Apr 14, 2009 5:43 am Post subject: |
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Life insurance beneficiary designations can be challenged. Heck, this is America...anyone can pretty much sue anyone for anything! Will the court hear the case? Maybe, if there's a compelling enough reason.
Will they win?  
Reeeeally doubtful. Many have tried and just about all have failed. There's a reason you specifically name your beneficiaries; to leave the life insurance proceeds to the person(s)/entities you want to. There are many threads archived in this community. Look to the right side of this page and you'll find a link to the discussion archive...I guarantee you'll find what you're looking for.
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InsTeacher
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| Posted: Tue Apr 14, 2009 12:40 pm Post subject: |
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| Quote: | | The problem is my oldest sister thinks she should get some of it? |
I'll bet she does what about the other two that were also left out? | Quote: | | Could she take me to court and win? |
Yes, she can take you to court because she doesn't like your hair color too...will she win? doubtful... | Quote: | | What will become of this? |
What state are you in? And out of curiousity why did your dad leave the other three kids out ? What about the sister that WAS included? Do you feel a moral obligation to include the excluded three? | Quote: | | court can give its opinion based on the fact that your dad has failed his moral duty as parent and has not made proper provision for your eldest sister in accordance to his means. The court may take in to account the amount left to you and your other sister and if there has been any amount left to his spouse. |
Sorry Sil but in what world? No court in this country is going to look at this... | Quote: | | Your eldest sister's age will also be considered here. Actually jennw what the court will consider here is not whether your eldest sister is dependent or not but if your dad has failed his moral duty. If her case is strong, she might win. Sorry. |
Her age would ONLY come into question if she's a minor...that appears doubtful...and i know of no beneficary changes/challenges won in the courts in the USA based on a parents 'moral duty'....Sil, what country are you basing your opinions on?
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Lori
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| Posted: Fri Apr 17, 2009 9:41 am Post subject: |
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| Quote: | | Her age would ONLY come into question if she's a minor...that appears doubtful. |
uh oh! I had an Irish friend with a similar situation. I was citing from her experience which I can clearly see I haven't mentioned.
Btw, if the sister is a minor, would the case be strong on her side then?
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sil
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| Posted: Fri Apr 17, 2009 10:38 am Post subject: |
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| Quote: | | if the sister is a minor, would the case be strong on her side then? |
well 'maybe' but still doubtful...a life ins beneficiary is really hard to get over turned...it's not like an estate that can be divided up amoungst the family...in the case of a ''dependent'' minor of the decedent, that would be your best shot but still a very long one...
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Lori
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| Posted: Tue Jun 23, 2009 8:40 pm Post subject: my minor son |
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my minor sons father (who always paid support, kept health, dental etc) listed his girlfriend as the beneficiary of his will, as I found out when he recently died. He left no trust, no college fund, and no savings for our son so I was wondering if I could challenge this on my sons behalf?
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amymun
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| Posted: Tue Jun 23, 2009 9:24 pm Post subject: |
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| Quote: | | He left no trust, no college fund, and no savings for our son so I was wondering if I could challenge this on my sons behalf? |
Nope not on the life insurance beneficary part...but your son most certainly would be next in line with any other children regarding the estate of his father..Also since your son is a minor, and assuming his father has paid into SS all these years, your boy should qualify for SS...I'd get on the phone about that right now...lots of paper work, and waiting period.
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