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

Message Author
ampm-bookmark
delicious-small Add to delicious
yahoomyweb-small Add to YahooMyWeb
blinklist-small Add to BlinkList
PostPosted: Thu Jul 30, 2009 11:54 pm   Post subject: When a beneficiary is named but not signed, who get it?  

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?

lindathomas42
New member
Leave a quick message



Joined: 30 Jul 2009
Posts: 1


1.88 Dollars($)

PostPosted: Fri Jul 31, 2009 6:57 am   Post subject:   

Does your son had a will?



If the beneficiary form hadn't been authenticated, how the policy could be at place? Was there another beneficiary of the policy before you?

simon
Senior member
Leave a quick message

simon

Joined: 28 Sep 2005
Posts: 543


93.69 Dollars($)

PostPosted: Fri Jul 31, 2009 10:45 am   Post subject: insurance  

(Of course, this is my opionion) If nothing is signed, couldn't the policy be 'null and void'? I mean, you can't 'honor' something if it wasn't signed.

sdchargersfan
Senior member
Leave a quick message

sdchargersfan

Joined: 21 Aug 2007
Posts: 2052


5.14 Dollars($)

PostPosted: Fri Jul 31, 2009 11:18 am   Post subject:   

I think that you need to talk to an attorney and contest the beneficary designation. Being the mother doesn't give you any rights. However, Met Life has a beneficiary form that isn't signed and dated and lists you as the beneficiary. When they received that form, they knew that it wasn't valid. If they didn't inform your son, he would have no way of knowing that there wasn't a valid beneficiary on file.



It was probably a guaranteed issue group policy and there may have been nothing for him to sign other than a beneficiary form.



This is further evidence that policies without a beneficiary don't automatically go to the estate. With this policy, there is obviously a default beneficiary designation. My guess is that it goes spouse first and then children.

InsuranceExpert
Senior member
Leave a quick message



Joined: 05 Apr 2009
Posts: 662


142.74 Dollars($)

PostPosted: Fri Jul 31, 2009 12:27 pm   Post subject:   

And also further proof as to why people need an agent...

dgoldenz
Senior member
Leave a quick message



Joined: 10 Jan 2009
Posts: 392

Location: Virginia
5.24 Dollars($)

PostPosted: Fri Jul 31, 2009 12:46 pm   Post subject:   

Absolutely, but in this case, a good agent wouldn't have helped. If my client had a $50,000 guaranteed issue, employer paid policy, and he submitted an unsigned beneficiary form to his H.R. dept, I certainly wouldn't know about it.

InsuranceExpert
Senior member
Leave a quick message



Joined: 05 Apr 2009
Posts: 662


142.74 Dollars($)

PostPosted: Fri Jul 31, 2009 12:49 pm   Post subject:   

I agree. Same thing happens with group health insurance. The group says "pick one" and the employee says "uh.....ok. This one." and still has no idea what they bought.

dgoldenz
Senior member
Leave a quick message



Joined: 10 Jan 2009
Posts: 392

Location: Virginia
5.24 Dollars($)

PostPosted: Fri Jul 31, 2009 12:51 pm   Post subject:   

Hi,



Quote:
With this policy, there is obviously a default beneficiary designation. My guess is that it goes spouse first and then children.


What could possibly be her benefits if she contests the beneficiary designation now?



I'm sure it was Met Life's mistake to have left the form like that..but would it really help the OP if she had been listed as the beneficiary by her son?



Waiting for your responses.. Plasticmind

_________________
Register Now to have your Insurance queries solved.
Plasticmind
Guest







PostPosted: Fri Jul 31, 2009 12:58 pm   Post subject:   

If she was listed as the beneficiary, MetLife would be sending a check to her.

InsuranceExpert
Senior member
Leave a quick message



Joined: 05 Apr 2009
Posts: 662


142.74 Dollars($)

PostPosted: Sat Aug 01, 2009 1:51 pm   Post subject:   

Hi Expert,



Quote:
They told me he named me as beneficiary but never signed or dated the paper.




Is it really possible that she could be listed and yet no signs appear in the papers? If such a mistake has been committed by Met Life, wouldn't they be liable to pay a compensation to her?



Thanks for your responses.. Plasticmind

_________________
Register Now to have your Insurance queries solved.
Plasticmind
Guest







PostPosted: Sat Aug 01, 2009 2:17 pm   Post subject:   

It really sounds like a gray area that is need of an attorney. It sounds as if a beneficiary form was filled out and not signed and dated. Met Life probably scanned and filed the form.



The question is whether MetLife had a legal responsibility to notice that the form was received in an invalid format (no date or signature) and had a responsibility to inform the policy owner or the agent. I would think that they do.



This is a pretty big mistake to let slip through the cracks. It is also very possible that MetLife notified your son that the form was not valid as it was submitted and your son never made the change.



The problem is that MetLife has the legal beneficiary and the person who should be the beneficiary. They don't want to pay both, but if they pay just one person, the other person may have a case against them. An attorney is most likely needed.

InsuranceExpert
Senior member
Leave a quick message



Joined: 05 Apr 2009
Posts: 662


142.74 Dollars($)

PostPosted: Sat Aug 01, 2009 11:38 pm   Post subject: life insurance  

Quote:
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.
sdchargersfan
Senior member
Leave a quick message

sdchargersfan

Joined: 21 Aug 2007
Posts: 2052


5.14 Dollars($)

PostPosted: Sun Aug 02, 2009 1:13 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.

InsuranceExpert
Senior member
Leave a quick message



Joined: 05 Apr 2009
Posts: 662


142.74 Dollars($)

PostPosted: Sun Aug 02, 2009 1:31 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.

sdchargersfan
Senior member
Leave a quick message

sdchargersfan

Joined: 21 Aug 2007
Posts: 2052


5.14 Dollars($)

PostPosted: Sun Aug 02, 2009 1:46 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.

InsuranceExpert
Senior member
Leave a quick message



Joined: 05 Apr 2009
Posts: 662


142.74 Dollars($)

Quick Reply
Your Name
Subject
Message body
All times are GMT
Page 1 of 1


Get a Quote
Ask Community Experts

flash plugin

Quick Links

Must See

Community

Hot topics in forums

Latest in blogs

AmPmInsure on Facebook



Page loaded in 0.275 seconds.