Posted: Fri Oct 24, 2008 7:17 pm Post subject: Child's Life Insurance Policy, can it be contested.
My son was in an automobile accident and very recently passed away. It is believed he left his life insurance and his accidental death insurance to a former girlfriend and there are no children involved. I would like to fight this would it be possible.
ramaynes, I am so very very sorry...as a mother, my heart aches for you...
Yes, you can contest this payment, but are you sure you want to? How long was she his girl friend and was she good to him? He was an adult right? Did he still live at home? If you still think you want to contest it you need to contact the carrier IMMEDIATELY before they pay her...she will need a certified death certificate to even start the process. _________________ **************************************
Life gaurantees a chance NOT a fair shake
**************************************
FIND a way EVERY day to lighten the load of another
**************************************
Posted: Sat Oct 25, 2008 4:07 am Post subject: Life Insurance
Thank you for response, no she was not good to him, he lived at home and it was used as his legal address and they had a very stormy relationship and I have several witnesses that will testify to this. Thank you for your help and other advice please feel free to let me know.
I second lori, if you have decided to contest the beneficiary issue you should let the insurer know it before it could disburse the benefits to the girl.
Contesting the life policy beneficiary issue is not always easy, however, the outcome may depend upon several factors. And as lori has mentioned the relationship between your son and his girlfriend will pay an important role in deciding the judgement.
Since she wasn't nice to him and wasn't financially dependent your son (I'm assuming this part) you may be able to establish that she has no insurable interest against him. I'd suggest that you get hold of an attorney to know about your chances.
ramaynes, contact the carrier immediately...tell them if this girl is the bene...you and his father and siblings what to contest this...you have to put them on notice asap...has she said anything to you about this? are you 100% sure she is the beneficary? _________________ **************************************
Life gaurantees a chance NOT a fair shake
**************************************
FIND a way EVERY day to lighten the load of another
**************************************
''never'' is a long time, let's not take away any hope from her....we don't know all the circumstances, that being said it's likely to be an uphill battle, but from a mom's stand point, assuming what you've posted is correct...start the ball rolling, contact the carrier, the worse that can happen is you don't prevail...but you won't always wonder, 'what if?"
Who paid for all his arrangements? Be sure and let the carrier know, also didn't the funeral home know about the life policy and ask about the payment (if it hasn't been paid?) _________________ **************************************
Life gaurantees a chance NOT a fair shake
**************************************
FIND a way EVERY day to lighten the load of another
**************************************
There is no hope of prevailing absent a legal justification:
Such as:
Fraud?
Duress?
Undue Influence?
Mental Incompetency?
Please put down your emotion and look at what you would be asking of a Judge!
Your honor, DON'T pay her the money, pay the money to ME, because ____________?
Please post all of the "because" you can think of, then pretend YOU ARE the Judge....which "because" would you use to override the clear intent of the policyowner's ABSOLUTE contractual right to name whomever he chooses as HIS beneficary.
They broke up and he forgot to change it in time,... won't fly. _________________ Gary Spicuzza, *SAFE
Copyright 1956.
No rights reserved.
*Self Appointed Financial Expert
Please post all of the "because" you can think of, then pretend YOU ARE the Judge
I certainly will but have a few things to do right now...stay tuned... _________________ **************************************
Life gaurantees a chance NOT a fair shake
**************************************
FIND a way EVERY day to lighten the load of another
**************************************
Because I am the Father and he has been living at home for more than ...........
Because he was not married to her and their relationship ended.
Because we paid his hospital bills and we need his life insurance to get out of debt.
Because there is no longer insurable interest (however it is not based on now but when he took it out, I thought I'd throw that in.)
Please post all of the "because" you can think of, then pretend YOU ARE the Judge
Ok, ready...?
Judge, the boy was 'inexperienced' this was his first girl friend, she was ten years older than him, he still lived at home with mom and dad they actually only dated a month, she quickly moved into his wallet and bank account....his friends (here in court for you to talk to Judge)...all said he told them she was pressuring him and threating to without her 'favors' if he did not do this as well as putting her name on his checking and savings account (that she cleaned out the very day he died)...as I said judge he was 'inexperienced' and wanted this 'new' life experience to continue as any young 18 yr old boy would....
I'm asking you judge too look at the whole picture...I have a letter he wrote to his mother while he was on his senior trip just three months ago, that says if anything should ever happen to him, he would want us to use the money to further his litte sisters education. (he had the job offer prior to graduation)..It's clear to us judge that this older woman used undue influence, and he was actually not competent to make this decision given the excessive amount of hormones that he was dealing with at the time....
Should your honor chose not to honor our request. We ask that you please order this 'person' to pay for all the funeral arrangements out of the proceeds. His father and I are simple hard working folks and we had to just put all of it on a credit card that we will be paying on for years to come....thanks judge... _________________ **************************************
Life gaurantees a chance NOT a fair shake
**************************************
FIND a way EVERY day to lighten the load of another
**************************************
The FLORIDA Judge then reads Florida Statute 222.13 in open court:
222.13 Life insurance policies; disposition of proceeds.--
(1) Whenever any person residing in the state shall die leaving insurance on his or her life, the said insurance shall inure exclusively to the benefit of the person for whose use and benefit such insurance is designated in the policy, and the proceeds thereof shall be exempt from the claims of creditors of the insured unless the insurance policy or a valid assignment thereof provides otherwise.
Now that we have the legal issue settled let's examine this pay the money to someone else story:
Quote:
Judge, the boy was 'inexperienced' this was his first girl friend, she was ten years older than him, he still lived at home with mom and dad they actually only dated a month, she quickly moved into his wallet and bank account....his friends (here in court for you to talk to Judge)...all said he told them she was pressuring him and threating to without her 'favors' if he did not do this as well as putting her name on his checking and savings account (that she cleaned out the very day he died)...as I said judge he was 'inexperienced' and wanted this 'new' life experience to continue as any young 18 yr old boy would....
Wow, now that I've stopped laughing out loud, may I ask?
Ms. Lori, exactly how much money did this 18 year old have?
Quote:
I'm asking you judge too look at the whole picture...I have a letter he wrote to his mother while he was on his senior trip just three months ago, that says if anything should ever happen to him, he would want us to use the money to further his little sisters education. (he had the job offer prior to graduation)
Then he should have named "little sister" as his beneficiary. Girlfriend would have no way of knowing he had changed his beneficiary designation as life insurance contracts are PRIVATE!
Quote:
It's clear to us judge that this older woman used undue influence, and he was actually not competent to make this decision given the excessive amount of hormones that he was dealing with at the time....
Sexual favors alone of an older woman don't constitute the total legal definition of "undue influence" as he was free at anytime to change his beneficiary designation and chose not to.
Nevertheless, courts will examine the facts closely before finding that a transaction has been tainted by undue influence. Mere suspicion, surmise, or conjecture of overreaching is insufficient. The law permits loved ones and confidants to advise and comfort those in need of their support without fear of litigation. Courts are also aware that the doctrine of undue influence can be used as a sword by the vindictive and avaricious who seek to invalidate a perfectly legal transaction for personal gain.
Further, the event that gave rise to the woman coming into this money was a totally random event. She didn't "plan" his demise.
Quote:
Should your honor choose not to honor our request. We ask that you please order this 'person' to pay for all the funeral arrangements out of the proceeds.
It doesn't work that way.
The judge CANNOT order such a disposition in Florida.
NOT based on the above "story."
Quote:
...the said insurance shall inure exclusively to the benefit of the person for whose use and benefit such insurance is designated in the policy,...
Quote:
His father and I are simple hard working folks and we had to just put all of it on a credit card that we will be paying on for years to come....thanks judge...
I can sympathize with your situation and my condolences to you for your loss and financial hardship. You just stated a few paragraphs ago your son wanted the proceeds to pay for little sister's education now you claim you want the money to pay off your debt? Which is it? Now what do you want the Court to do? Pay off your debt? Pay for little sister's education? Then give what's left to girlfriend? Is that what your are asking? Oh my, what a tangled web we weave when we seek to invalidate a perfectly legal beneficiary designation!
I have a question though?
Since a male age 40 could get $250,000 of life insurance for less than $15 dollars per month.
Why didn't you and your husband protect yourselves by simply purchasing life insurance on your son to protect your interests should the unthinkable happen?
You as the parents of this young impressionable stud had every opportunity to protect yourselves and you chose not to. ONLY NOW, after the fact, ONLY NOW because you disagree with your son's beneficiary designation, ONLY NOW since you actually are faced with the financial burden, you want the Court to step in and make you whole.
I'm sorry for your loss but the Court can't help you.
UNLESS the woman pictured below was his "girlfriend."
She has a history of boy toys.
Now,... seriously,... Lori, WHY even bother having beneficiary designations on life insurance policies?
WHY BOTHER?
We've argued this issue every which way we can and you still insist that based on some type of circumstance the beneficiary designation on life insurance should be thrown out and substituted for another "because" _________?
I've repeatedly brought to your attention that if the Court did throw out the beneficiary designation the proceeds would then be subject to the Probate Court System and the proceeds would then be paid according to STATE LAW or according to the person's Last Will & Testament, if any.
This comment:
Quote:
Should your honor chose not to honor our request. We ask that you please order this 'person' to pay for all the funeral arrangements out of the proceeds. His father and I are simple hard working folks and we had to just put all of it on a credit card that we will be paying on for years to come....thanks judge...
IS ABSURDLY PREPOSTEROUS.
She is either the sole beneficiary or she would be determined to be NO beneficiary if she was not a blood relative.
In the words of smokin' Joe Gandolfo....
People change, when people die. _________________ Gary Spicuzza, *SAFE
Copyright 1956.
No rights reserved.
*Self Appointed Financial Expert
Think I am staying out of this one but I do believe that Lori was just trying to help the poster since they were planning on moving forward with this regardless and maybe trying to throw a little hope in there too.
Wow, 
