Can I contest my husbands beneficiary change

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PostPosted: Fri Mar 13, 2009 8:34 pm   Post subject: Can I contest my husbands beneficiary change  

My husband committed suicide in December. Shortly before that he changed the beneificary from me to my children. He wanted to hurt me. So basically he left me with nothing. Can I contest the beneficiary change? I would like to use the money for the kids college and put it in a trust that says that. I'm afraid if they just get checks at 18 they'll blow it and none of us will have anything. I am not trying to take money from my children, I love them. I'm trying to protect them. They are all young and live with me. My husband and I were having problems but were married and living in the same home. I have an attorney, but he seems less than interested.

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PostPosted: Sat Mar 14, 2009 4:54 am   Post subject:   

You want to file a lawsuit against your own children!?



Janice, (we have discussed this issue before as well in this forum, you can also try the search option for more information on it) the policy holder can actually name anyone as the beneficiary of his/her policy & in this case he has named his children.



I can understand your anxiety as a mother, but fairly, contesting a beneficiary issue is always an uphill task. IMO it's more so in your case since the defendants definitely have insurable interest against the deceased.



Why he committed suicide? Why he wanted to hurt you? All this issues would also play important role in the suit.



Regards,

Juanita

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PostPosted: Sat Mar 14, 2009 9:11 am   Post subject:   

Hi Janice



As our experts would also point out that anyone can name anyone as beneficiary in their life policy, I couldn't agree more. You may contest your husband's policy but the matter will not remain as simple anymore I presume. After all they are your children you will be fighting against. I am sure there will be more expert opinion very soon. But as far as my knowledge goes, this will be a futile effort.



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PostPosted: Sat Mar 14, 2009 10:06 am   Post subject: insurance  

I know you must feel alot of hurt, anger, etc. However......aren't you relieved that your children are ( financially) cared for?

Quote:
I'm afraid if they just get checks at 18 they'll blow it and none of us will have anything.
I do have to say ALOT of children are not responsible at the age of 18. I'm not sure if you can (maybe?) change the age to 25 ( just throwing a number out there..) without being the Beneficiary, yourself.
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PostPosted: Tue Mar 17, 2009 3:15 pm   Post subject:   

I know you must feel angry, i kinda would. But at LEAST he did name his children as the beneficiaries and not some girlfriend and/or mistress.



Talk with your children, and tell them that although this is a tradgedy, that it could be used to build all of you up together. Let them know that this money could open doors for them they never knew were possible. Ask them if they are interested in helping pay down the morrtage/car/loans with a small portion of the benefit, saving some for thier college, and spending some at their discretion.



I think if you remain calm and supportive, you could go a long way with your kids in this matter. But it could hurt you if you challenge them in court.



And remember, you are a strong, lovely, independent woman and can make it just fine without your husband's life insurnace benefit, you just have to stop and regroup, and get out there in life with a different game plan.



Good Luck!

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PostPosted: Wed Mar 18, 2009 1:40 am   Post subject: insurance  

YEP...well said, DOMCHA!! One of our many 'jobs', as parents, is to try and give our children the best we can give them ( financially). We should 'go without' so our kids can get what they need...not neccessarily what they want. I think it's great that they can get money for a College education, etc.

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PostPosted: Fri Mar 20, 2009 10:36 am   Post subject:   

Well Janice



Contesting the beneficiary may become quite unhealthy. However, you should talk to your children and I'm sure they'll understand that you don't want them to touch the money right now for their own good. 18 is a tender age and although children may think they are grown ups, it is not so. You have good intentions and your children need to understand that. All the best Janice


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PostPosted: Fri Mar 20, 2009 10:42 am   Post subject: Can I contest my husbands beneficiary change  

Guys,

I think is bit confuse, because we are not sure when policy was issued and what date her husband committed suicide. And if I am correct then there is a suicidal clause, which restricts the Death benefit to be paid if suicide is committed in specific period. Now is insurance company going to disburse the money or not? Second issue to whom? As per her statement children are minor, then there should some trust or appointee to whom the money title goes? I think Janice Girl should worried about all these.

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PostPosted: Fri Mar 20, 2009 10:45 am   Post subject: insurance  

I was re-reading the OP's post, again.

Quote:
I'm afraid if they just get checks at 18 they'll blow it and none of us will have anything.
If you haven't seen the Policy, then how do you know the 'official' age, of the children, when they start receiving the money..did your husband tell you, when the children are 18 years of age, they will all receive money?
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PostPosted: Sun Mar 22, 2009 11:07 am   Post subject:   

well, ironically, the money is still within the family. why would you want to file a lawsuit against your own children?!



instead of contesting for the money, why not have a good chat with your children? since they're all young, like you said, you could educate them on how to spend those checks. i don't think it would be healthy and advisable to file a lawsuit against your own kids. at this point in time, you should provide fullest support to your kids. at least your husband left the money for them, so they are financially taken care of. teach them how to spend, and guide them along the way. good luck on that.

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