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 Posted: Tue Feb 23, 2010 12:11 am Post subject: Family conflict over insurance pay out. |
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| My father past away on October 30, 2009, before my father's premature death he was in the process of transferring policies into my name. However before that could happen he died. Now my step brother whom my father was not on speaking terms with received the life insurance payout, and my family feels that I should take it to court and demand that the funds be given to me as I am his only child (biologically speaking). I would like to know if I am able to argue the decision,and have the funds turned over to me or if I would be better off just leaving it alone. |
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White
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dgoldenz
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| Posted: Tue Feb 23, 2010 1:49 am Post subject: |
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This is a tough one. The likely result it that the money has been paid the way the contract specified. Your one line of hope is the in the process of changing beneficiary part you mentioned. You'll need to prove that the process was actually begun--not he was thinking about, or he told you he was going to, etc--but that a request was made somewhere and some paperwork sent or something.
Be forwarned and well aware, it's a tough battle and a long road ahead most likely. |
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BNTRS
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| Posted: Wed Feb 24, 2010 12:27 pm Post subject: Life insurance |
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| If your father had specified your step-brother as the beneficiary in his policy, it is obvious that the amount would go to your step-brother. It is difficult proving that your father had actually intended to change it. Even if you are able to prove it, I do not think that would make a difference. |
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Veronica
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| Posted: Wed Feb 24, 2010 3:55 pm Post subject: |
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Here's the deal. Even if you could prove:
"that the process was actually begun--not he was thinking about, or he told you he was going to, etc--but that a request was made somewhere and some paperwork sent or something. "
The cost of an attorney would likely make a large dent into what money you might be able to recover. Advice: Chalk it up as gone.
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Fan of Gary
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| Posted: Thu Feb 25, 2010 11:36 am Post subject: Change of beneficiary |
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| Getting an attorney to prove that your father had actually begun doing some paperwork regarding change of beneficiary, could be very costly. Moreover, that does not guarantee that it would be accepted in the end. You are most likely to end up getting nothing but having to pay such out of pocket expenses. |
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Veronica
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| Posted: Thu Feb 25, 2010 11:44 am Post subject: |
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What EXACTLY does this mean ? | Quote: | | he was in the process of transferring policies into my name. However before that could happen he died |
Why would he have EVER had a stepson as beneficiary and not his own son? I think there is more to this than meets the eye..
If there was no change of beneficary form completed by your father prior to his death...I'd be VERY surprised if you could successfully win this challenge. Have you filed a claim for Dad's policy with the carrier?
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Lori
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