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 Posted: Sat May 29, 2010 4:46 pm Post subject: Having life insurance money taken away from 2nd beneficiary? |
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| My father just passed away last month...and i just got my insurance check and it was HALF cuz his EX girlfriend got the other half. she doesn't deserve a dime, not only did she get kicked out of his house by the court and had a restraining order placed on her for a year, almost had my dad's business shut down but she abused me emotionally and physically as a child. So they havent been together for over 2 years, and the month before he died he updated his Will, took her COMPLETLY out of it and it states that no spouse, ex spouse, ex domestic partner or ANYONE shall benefit from his death except his only living child which is me...what are the chances I could contest her insurance money and have it taken from her???? |
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daneille0612
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| Posted: Tue Jun 01, 2010 10:07 am Post subject: |
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| Quote: | | So they havent been together for over 2 years, and the month before he died he updated his Will, took her COMPLETLY out of it and it states that no spouse, ex spouse, ex domestic partner or ANYONE shall benefit from his death except his only living child which is me. |
Are you sure that the one that you're talking about is the final will? Or is it that he was forced to update it once more in your absence?
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anonymous00
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| Posted: Tue Jun 01, 2010 4:46 pm Post subject: |
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A will has absolutely NOTHING to do with a life insurance beneficiary designation; it cannot change it nor will it have any effect on the disbursement of the life insurance funds upon the death of the insured.
The only instrument that can detail the distribution of the death benefit is the life insurance policy and the designated beneficiaries shown in that policy. Nothing else can change that unless certain state law has been violated.
It sound as if your father took care of the distribution of his other assets through his will, but it cannot and will not change anything having to do with the life insurance policy.
I'm sorry for your circumstance, but based on your post, there isn't much you can do unless you can prove that the beneficiaries were indeed changed prior to your father's death.
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InsTeacher
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| Posted: Tue Jun 01, 2010 7:27 pm Post subject: |
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Yes he willing changed his Will while he was in the hospital before his death. I wasnt around but she was and he kicked her out of the room when his lawyer showed up to update the Will.
So have there EVER been any life insurances that have been revoked or taken away from a beneficiary for ANY reason? what would be a good reason, or reason to have the funds taken from her?
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Daneille
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| Posted: Tue Jun 01, 2010 7:37 pm Post subject: |
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Again, the will will NOT change the distribution of life insurance death benefits. These funds are specifically paid according to the beneficiary designation(s) in effect at the time of the insured's death.
The only reasons I have seen beneficiary designations overturned deal with state law (certain states require the spouse to be named as the beneficiary, but there's no spouse here so that wouldn't apply) or it can be proven that the beneficiary was only named due to fraud, duress or threat. ("Name me as your beneficiary or I'll shoot you" kind of stuff).
Other than that, unless there was a change of beneficiary form effected prior to the death that hasn't been received by the insurer, the proceeds are normally going to be paid as shown by the company on the current beneficiary forms.
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InsTeacher
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| Posted: Wed Jun 02, 2010 7:30 am Post subject: |
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| Quote: | | (certain states require the spouse to be named as the beneficiary, but there's no spouse here so that wouldn't apply) |
Conversely, there are a handful of "good ole boy" states whose insurance codes terminate a spouse's status as beneficiary at the instant of a divorce.
Unfortunately, the term you have used is "EX-girlfriend" which indicates to me that there was no marriage. It's possible that (1) state law prohibits her from being the beneficiary or (2) she's a legitimate beneficiary because he listed her as such and never remembered to change it when his sentiments changed.
If (1) is true, you can sue her in an attempt to collect. If (2) is true, no amount of holding your breath and turning blue will change the course of human affairs in your case. Only your father could have changed the beneficiary designation before he died.
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MaxHerr
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