by bjamm1972 » Sun Jun 21, 2009 06:27 pm
sorry, i guess i did not make myself clear.....my ex died about 2 months ago. together we have a 14 year old son. my ex had his father as beneficiary ande our son as contigent(2nd beneficiary)FYI-the insurance company is Prudential Life. My ex's dad passed away about 2 years ago. why my ex did not change the policy, who knows. Anyway, my ex remarried about a year ago, but still never changed the life policy. Can the insurance company pass over my son and give the entire benefit to the spouse? Believe me, my son is a greta kid, and totally deserves this so much. unfortunatly ex was not much of a dad, and I am worried to death about this. can anyone please help? I know I have to gat an attorney. Thanks alot.
Posted: Mon Jun 22, 2009 03:49 am Post Subject:
Hi Bjamm,
I empathize with you.
Anyway, I think you need to go ahead and file the claim with the insurance company? Do you have your ex's death certificate and the policy document?
If your ex husband hadn't changed the beneficiary and when the primary beneficiary is dead; your son is next in the line to receive the benefits.
The insurance company would act according to the desire of the insured and they have no discretion whatsoever on the beneficiary designation. Therefore, if your son's name is there in the policy, they would honor it.
Let me know if I can be of more help.
Posted: Mon Jun 22, 2009 10:29 am Post Subject:
The money belongs to your son. Go ahead and file a claim.
Posted: Mon Jun 22, 2009 10:57 am Post Subject:
Hi bjamm,
A contingent beneficiary is not credited if the primary beneficiary is alive when the policy holder dies.
But in your case the policyholder (your ex) was very much there when the primary beneficiary had passed away. So, the fact remains that your son should have it by all means.
Now, what I'd like to know is-
Anyway, my ex remarried about a year ago, but still never changed the life policy.
Are you sure that the contingent beneficiary status of your son has not been changed by your ex since then?
Steven
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