beneficiary

by valerie5890 » Sun Mar 15, 2009 10:52 pm

my ex just passed away,he has not been in my daughters life in sometime,they just re-united several months ago. my question...an ex girlfriend was beneficiary,not sure how long ago he signed off on that...but they were not together, does my daughter have any rights to contest on this situation ? she is 18 and could use some of that money for college.

Total Comments: 7

Posted: Mon Mar 16, 2009 05:30 am Post Subject:

Hi Valerie, IMO you should give it a shot. Do you have any contact with this woman in your husband's policy?

You may ask the insurance company about the status of the claim. Have they contacted or been contacted by the beneficiary of the deceased yet? If they have already disbursed the claim to her then contesting the beneficiary issue would be a futile exercise on your part , otherwise, you must the let the insurance company know about your plans.

~Jeremy

Posted: Mon Mar 16, 2009 10:29 am Post Subject:

I would say you could take a shot at it but chances are if she is the beneficiary there will not be much you can do. The policy would be legal and if your daughter's dad signed the policy then it would hold up. This happened to my mom when my step father left an ex wife from years and years ago the named beneficiary. He must have forgotten about the policy. She went to a lawyer but he said there was not anything she could do since he listed someone else. Like I said its worht a try but do not get your hopes up. Maybe speaking with the ex-girlfriend herself your daughter may be able to get her to turn over a little towards college. That also would be worth a try. Good Luck.

Posted: Mon Mar 16, 2009 11:03 am Post Subject: insurance

Yep....I would try to 'go for it', since your daughter is Biologically his. Can you contact the Beneficiary? You may not WANT to, but, you may have to for your child.

Posted: Mon Mar 16, 2009 11:29 am Post Subject:

Ideally, its said that the insured can name whoever he wishes as the beneficiary of his plan, but there is also a thing called the insurable interest that might come into play in this case. Was he responsible for child care support at any time?

I'd suggest Valerie that you consult an attorney immediately. IMO that's the best course for you to take.

Posted: Fri Mar 20, 2009 07:11 pm Post Subject:

Hi Jeorge,

Insurable interest is one of the important factor at the time of issuing the life insurance policy where as beneficiary can be anyone chosen by owner during his/ her lifetime. Beneficiary is having legal rights on policy money or death benefit amount in case owner is died. Where as in case, the beneficiary is not chosen by owner, the policy proceedings will be transfer to legal heir of owner on owner's demise. Here in valerie5890 case ex girlfriend was beneficiary , first Valerie has to make sure, is she ( Ex-girlfriend) is still beneficiary, if yes in that case sorry Valerie insurance company cannot provide any assistance to you and you have settle the money issue outside the legal matter. But if she (Ex-girlfriend) is no more a beneficiary then, you can prove your daughter as legal heir biologically. There is third option also, might be your ex-hubby has chosen Ex-girlfriend and your daughter as primary beneficiary in that case money can be shared between two.

Posted: Sun Mar 22, 2009 10:55 am Post Subject:

well, this depends. was it clearly written in the policy that the woman was the beneficiary? if the answer to the questions is YES, then chances are slim that you will gain the money. you could consult an attorney asap, but don't get your hopes up.

Posted: Sun Mar 22, 2009 12:31 pm Post Subject: insurance

If the child does get the money, hopefully she will use it wisely( I know that's saying ALOT at a 'young age'). Hopefully the child will be responsible with it. If the Beneficiary's name is 'set in stone', I think it would be hard to 'contest' that.

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