by ramaynes » Fri Oct 24, 2008 07:17 pm
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.
Posted: Thu Oct 30, 2008 10:31 am Post Subject: insurance
AIN'T IT THE TRUTH!! One of MANY reasons, why we seperated, is that he is SOOO greedy. He din't want to pay bills or pay anyone back that he owed money to. However.....he says ALOT of people owe HIM momey?/ I don't think so!! I'm watching my back, that's for sure.
Posted: Thu Oct 30, 2008 02:29 pm Post Subject:
If I may make a suggestion, if you have a will (which you should!), you may want to put a specific exclusion in there about your ex.
"I am also purposely excluding ___________ from any proceeds from my life insurance, estate, and will."
I have had to go through this myself and my attorney recommended this to me. Anyone can contest a will (estate), but if you purposely put something specifically exluding someone by name, it makes it even less possible for that person to win if he/she contests.
Posted: Thu Oct 30, 2008 06:29 pm Post Subject: insurance
Hello, LIFE. In my Military Will, I don't need to do that, since I'm NOW divorced. However, I really need to get a 'civilian' will that states things more specifically. In a Military Will, they are very 'general'....says who my POA is and she will take care of everything, if I'm deployed, etc.
Posted: Thu Oct 30, 2008 11:06 pm Post Subject:
Life lesson I learned a long time ago was get a will! I seen first hand how the vultures fly in when they think therer is an insurance policy or something free up for grabs. You have a son too right SD? I think I remember you mentioning that somewhere. It would also be in his best interest for you to have a will in place.
Posted: Sat Nov 01, 2008 03:43 am Post Subject: insurance
Yep....it's really sad to see how creddy people are, when it comes to Wills and money. When my grandmother past away ( on my father's side) just about ALL of the kids basically said, " how much do I get?". There were seven kids in the family...my dad was the oldest. My dad wanted nothing to do with 'organizing' anything..just FOR that reason. It was REALLY sad to see.
Posted: Sat Nov 01, 2008 08:28 am Post Subject:
OK...remember the rule about sticking on topic. If you have another questions, post another topic. Thank you.
Lori, while I have seen your empathy for others from afar, you know (probably as well or better than anyone else in here) and are absolutely aware that emotion carries no weight in a courtroom. Except when it comes to stupid juries. :lol: The idea that the son designated the girlfriend the beneficiary obviates almost any other argument, emotional or otherwise.
Gary Spicuzza (by the way, I loved the long post) nailed every single argument right on the head. I have seen I don't know how many cases in which the heirs or kids or wife or ex- wife or whoever was honked-off that they didn't get the money out of the life policy. They start screaming and get lawyered-up, and normally end up spending a lot of time, money and effort for nothing. :evil:
A person's will does not change a beneficiary designation. The only thing that can normally change a beneficiary designation is the policyowner changing the beneficiary!! Gary was exact when he mentioned duress and other possible reasons for invalidating a beneficiary designation, and if that was the case, and could actually be proven in court, the proceeds would then go to the next beneficiar(ies) in line or the insured's estate.
I have seen this particular type of case before, but have never seen a judge overturn the designation. Sorry 'bout that... :(
InsTeacher 8)
Posted: Sat Nov 01, 2008 11:18 am Post Subject:
Lori, while I have seen your empathy for others from afar, you know (probably as well or better than anyone else in here) and are absolutely aware that emotion carries no weight in a courtroom.
I totally agree...which is why a judge is NOT who I'd want in a case like this...honestly this whole debate began, because I felt while we should try and guide and certainly give our opinions to an OP searching for an answer, and that while this is definately a long shot to say the least...we should not take every shred of hope from this mother who tragically lost her son...did my emotions get in the way...sure probably did, no I'm sure they did...the mama grizzly in me got my back up for this poor woman...she doesn't have much left, and while I certainly don't advocate false hope, I don't think it's our place to remove any and all hope from her either (in this case).Posted: Sat Nov 01, 2008 12:19 pm Post Subject: insurance
I DO believe everyone is "sticking to the topic" in one or another. Sometimes topics DO vary, a bit, with their responses.
Posted: Sat Nov 01, 2008 12:42 pm Post Subject:
I agree with you SD for what that's worth
Posted: Sat Nov 01, 2008 12:44 pm Post Subject: insurance
Of COURSE that's worth something!! Thank you for your 'support'. :D
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