When a beneficiary is named but not signed, who get it?

by lindathomas42 » Thu Jul 30, 2009 11:54 pm

My son died in December 2008 of an accident. I was told he had insurance through MetLife at his place of employment and that he left me beneficiary,. I waited for months then called Insurance Co.They told me he named me as beneficiary but never signed or dated the paper.
He was divorced and had two children.
I spoke to an attorney and told MetLife that I would open a small estate to get the funeral bills and expenses paid for. They told me that doesn't' matter, they don't honer the estate first.It will go to the children not an estate.
I spoke to Met Life yesterday and they told me I have a right to contest. His children live in Florida and we live in Pa. as my son did. The children already told me they weren't paying the funeral or buying a headstone.
What are my chances if I contest. And as a mother do I have any rights?

Total Comments: 14

Posted: Sat Aug 01, 2009 11:38 pm Post Subject: life insurance

This is a pretty big mistake to let slip through the cracks

Yep..it is. Maybe the OP can go to court with the document, etc. I have a Life Insurance policy through the Military (as most of the Forum knows). If the policy was NOT signed by me, it wouldn't be a 'valid' policy.

Posted: Sun Aug 02, 2009 01:13 am Post Subject:

sdchargersfan, take a look at your actual policy. One thing that you'll probably notice is that you didn't sign it. People need to sign a life insurance APPLICATION, but not the actual policy.

Upon receipt of the policy, signatures are sometimes needed. It is not the policy that is being signed. A statement of good health is sometimes needed and a delivery receipt is sometimes needed. Neither of these have anything to do with making a policy "valid". Both of those are to protect the insurance company.

If a statement of good health is needed, it is to allow the insurance company to not deliver the policy if you are no longer healthy. If a delivery receipt is needed, it is to start the clock on the free look period (typically 10 days).

When an insurance policy is issued, all that is needed is a premium check to make it valid.

Posted: Sun Aug 02, 2009 01:31 pm Post Subject: insurance

Mmmmmm.......no,..to tell you the truth I DIN'T notice if the actual policy was signed or not. I have my 'Primary' and 'Secondary' Beneficiaries on it, etc. But...yep..I see what you mean. We DID have to sign paperwork to START the policy.

Posted: Sun Aug 02, 2009 01:46 pm Post Subject:

There is typically lots of paperwork to sign when one applies for a policy.

This can include things like:
1) a HIPAA authorization
2) replacement paperwork
3)a statement that you answered the questions honestly
4) a temporary and/or conditional life insurance receipt

Basically, what is being signed is everything that will allow the life insurance company to underwrite a policy so that they can issue a contract to you.

As I tell my clients, applying for life insurance is nothing more than saying, "Hey, life insurance company, please make me an offer."

The insurance company makes this offer in the form of a contract. All that is legally needed to accept this contract is "consideration". "Consideration" means a check. A specific insurance company may want some signatures, but they are not a legal necessity. If an insurance company delivers a policy to you and wants additional signatures, but accepts your check without the additional signatures, they would be on the hook for a claim even without the signatures.

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