I don't know what to make of this thread so I'm just going to comment on some things that aren't correct.
I'm not being harsh or unsympathetic I'm simply stating facts. If I copy and paste something someone wrote I'm not attacking that person I'm just commenting on what was said.
Hurt for money wrote:
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He knew that every day she was in the hospital, it took away from the life insurance
That's false. Whether he knew it or not the hospital can't reach his life insurance benefit in Florida.
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He also refused an autopsy,
Not his decision.
If law enforcement suspects foul play you can't stop them from performing an autopsy.
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He also refused to sign any medical papers at the hospital, because he did not want to be held responcible for any of the medical cost.
He's a smart man for refusing to sign papers at the hospital.
This contradicts your previous statement:
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He knew that every day she was in the hospital, it took away from the life insurance
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My father was told that a hospital can lien life insurance policies in order to guarantee payment scense there was NO medical insurance.
That's false in Florida. They can't put a lien on the policies.
Xoseph wrote:
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If it is proven that your father murdered your mother, this will render the policies null and void. In other words, these policies are as good as not in existence in the first place. This is because insurance purchase cannot violate public interest or laws. In this case, it is about murder.
If a person takes up an insurance policy on someone's life and subsequently murders the insured with the intention of getting the policy proceeds, insurance company has every right to repudiate the claim or deny any contractual obligation as if the policyholder has never applied for insurance before.
Not true. The policies are not null and void. The death benefit would be paid but NOT to the murderer. It would be paid to the contingent beneficiaries or to the estate. See Florida Statute 732.802 below.
Hurt for money wrote:
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Happened in Florida.
Below are the pertinent Florida Statutes:
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222.13 Life insurance policies; disposition of proceeds.--
(1) Whenever any person residing in the state shall die leaving insurance on his or her life, the said insurance shall inure exclusively to the benefit of the person for whose use and benefit such insurance is designated in the policy, and the proceeds thereof shall be exempt from the claims of creditors of the insured unless the insurance policy or a valid assignment thereof provides otherwise
.
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732.802 Killer not entitled to receive property or other benefits by reason of victim's death.--
(1) A surviving person who unlawfully and intentionally kills or participates in procuring the death of the decedent is not entitled to any benefits under the will or under the Florida Probate Code, and the estate of the decedent passes as if the killer had predeceased the decedent. Property appointed by the will of the decedent to or for the benefit of the killer passes as if the killer had predeceased the decedent.
(2) Any joint tenant who unlawfully and intentionally kills another joint tenant thereby effects a severance of the interest of the decedent so that the share of the decedent passes as the decedent's property and the killer has no rights by survivorship. This provision applies to joint tenancies with right of survivorship and tenancies by the entirety in real and personal property; joint and multiple-party accounts in banks, savings and loan associations, credit unions, and other institutions; and any other form of coownership with survivorship incidents.
(3) A named beneficiary of a bond, life insurance policy, or other contractual arrangement who unlawfully and intentionally kills the principal obligee or the person upon whose life the policy is issued is not entitled to any benefit under the bond, policy, or other contractual arrangement; and it becomes payable as though the killer had predeceased the decedent.
(4) Any other acquisition of property or interest by the killer, including a life estate in homestead property, shall be treated in accordance with the principles of this section.
(5) A final judgment of conviction of murder in any degree is conclusive for purposes of this section. In the absence of a conviction of murder in any degree, the court may determine by the greater weight of the evidence whether the killing was unlawful and intentional for purposes of this section.
(6) This section does not affect the rights of any person who, before rights under this section have been adjudicated, purchases from the killer for value and without notice property which the killer would have acquired except for this section, but the killer is liable for the amount of the proceeds or the value of the property. Any insurance company, bank, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this section unless prior to payment it has received at its home office or principal address written notice of a claim under this section.
Edit:
One more thing...there isn't any statute of limitation for murder.
Murder is forever and eventually they will get you. _________________ Gary Spicuzza, *SAFE
Copyright 1956.
No rights reserved.
*Self Appointed Financial Expert
Wow You really make som e vaslid points here. I hope this wasn't a made up post..my heart was really going out to the poster.
Anyway at least a learned a little something here...I had always thought if murder was involved it nullified the policy.
It only seems fair that it wouldn't and it should be handed down to the family or estate.
Maze I don't think there was an agreement with the ins company rather the dad 'assumed' he would be responsible for the bill and that pretty much is where the money came from..
Ok look honey, there is no statue of limitation on murder in ANY state...if she had all this ins dad had none.....hmmmmm red flag. Get your nerve and all your information together call and make an appointment with a detective in your city's police dept, and go talk to him...spill your guts...people are found guilty of things many times years and years after they 'thought' they'd gotten away with something...the money is likely gone,but I don't think that is your main issue anyway..
Are you still in contact with him? Does he have a new wife? How many children are there and do you all feel this way? Is dad originally from this country? _________________ **************************************
Life gaurantees a chance NOT a fair shake
**************************************
FIND a way EVERY day to lighten the load of another
**************************************
And I agree with Ins. maze. It really is sad if someone cares more about money over a persons health. Sometimes when I hear stories like this it makes me wonder how greed overcame the human soul (and heart).
It is always good to exchange views so that we can see things from broader perspective.
When referring to Florida Statute 732.802, it states that "......(1) A surviving person who unlawfully and intentionally kills or participates in procuring the death of the decedent is not entitled to any benefits....and the estate of the decedent passes as if the killer had predeceased the decedent.....and (3) A named beneficiary of .... life insurance policy...who unlawfully and intentionally kills ..... the person upon whose life the policy is issued is not entitled to any benefit under the ... policy.....; and it becomes payable as though the killer had predeceased the decedent....."
It is clear that if the murderer is a named beneficiary of the policy and if he kills the insured, he will not be entitled to the estates of the deceased.
With reference to what "hurt" describes, it appears that the father is the policyholder and not the named beneficiary of the policies.
I am not sure if Florida Statute 732.802 is applicable to situation where the murderer is the policyholder and not the named beneficiary. _________________ I am an insuranc sales coach for almost 2 decades. I have a collection of insurance agents' sales stories. To know more, you can visit http://www.stories-connect.com or http://xoseph.wordpress.com
The laws may view the situation from 2 different angles depending on whether the murderer is the policyholder or the named beneficiary.
If the murderer is the policyholder, he is a party to the insurance contract. He entered into a legally binding agreement with the insurance company. If it is proven that he bought the insurance on the life of the insured with the intention of killing the latter for financial gain, my view is that the contract should be null and void as if the contract was never in existence.
If the murderer is the named beneficiary and not a party to the insurance contract, then the contract is still enforceable subject to the provisions in laws. _________________ I am an insuranc sales coach for almost 2 decades. I have a collection of insurance agents' sales stories. To know more, you can visit http://www.stories-connect.com or http://xoseph.wordpress.com
He of course is the named beneficiary...and he was paid, whether he killed her or not...I feel that the OP believes this to be true..someone making this up would be having a lot more fun posting than our OP..(IMO)...
If by policy holder you mean he paid the premiums...that still doesn't matter, if he were found guilty of murdering her he wouldn't be entitled to the money...in this case however it's likely already all gone.. _________________ **************************************
Life gaurantees a chance NOT a fair shake
**************************************
FIND a way EVERY day to lighten the load of another
**************************************
If the murderer is the policyholder, he is a party to the insurance contract. He entered into a legally binding agreement with the insurance company. If it is proven that he bought the insurance on the life of the insured with the intention of killing the latter for financial gain, my view is that the contract should be null and void as if the contract was never in existence.
No.
That's not the way it works.
The death benefit is PAID whether or not the killer was:
the Owner;
the Owner and Beneficiary;
the Beneficiary ONLY.
It makes no difference.
The death benefit is PAID.
...and I will risk my *SAFE designation by further stating...
PERIOD.
END OF that STORY.
But it's NOT paid to the killer.
It's paid as IF the killer predeceased the victim. _________________ Gary Spicuzza, *SAFE
Copyright 1956.
No rights reserved.
*Self Appointed Financial Expert
Noooooooooo, a hospital cannot put a lien on a life insurance policy to guarantee payment for anything. That's why we have welfare, Medicare, Medi-Cal, and even a few "special programs" which apply only to people who live in the Appalachian Mountains.
If this is a true story, someone needs to bring the District Attorney's Office into the picture. _________________ Please feel free to go to my website at www.markcolbert.com or, if you have a specific question, you can email me directly. I hope I can answer any questions you might have. If not, I can certainly find an answer right away.
Posted: Sun Dec 14, 2008 3:49 am Post subject: my stepdad did the same to my mom
I think my stepdad did the same to my mom after 30 yrs of marriage , he said she died of a heart attack there was no heart disease in the family . My mom had a busted lip like she was punched ,he had no altopsy peformed, and also had her creamated and told everyone he didnt have insurance so her family would pay for the funeral , but a drunk friend of his told me that he had insurance paying off his house , car , and life insurace.He had my mothers family pay for her funeral and then came in drunk and told me to keep my mouth shut and he would take me to the casSino.
I was told by my stepdad that we had 15 minutes to get everything we wanted out of the house the rest would be trashed, there was a single woman calling and coming by everyday,and my moms bed was gone a day after she died. He wanted every picture out of his house her clothes gone and couldnt wait to redecorate . He had been telling me for years how he wanted to go camping and tour the country in his Rv , goto casSinos but he couldnt because of my mom .
I had also asked my stepdad if my mom had insurace when i first got there and he had told me that he had just put insurance on her 2 weeks before she died. I also decided when i was at the funeral to tell my moms family about everything that had happend , now im the family nutcase and no one will talk to me . I honestly believe he did it and he's a great liar and will probably get away with it ,but its not going to bring my mom back. AND IF YOU DID DO IT YOUR GONNA BURN IN HELL U SIK FUK _________________ Register Now to have your Insurance queries solved.
