by mynewlife » Wed May 06, 2009 06:03 pm
A month before my husband moved out and filed for separation he changed his beneficiary to his life policy to his mistress. He is now dating the mistress. Can I sue the mistress or husband to get the beneficiary changed back to me and the kids? We were married 19 years and have only been living separate for a month now. I am suing her for alienation of affection already. She was behind the scenes for 4 1/2 years. I just found out about her through phone records. :roll:
Posted: Tue Jun 09, 2009 01:14 am Post Subject:
My husband changed our joint CD
How could he have closed or changed a c.d. that had your name on it, without you signing? How did you find out about this?Can I challenge this upon his death?
Nope, because your name isn't on it, his daughters is...BUT you can (most likely) get half of it and everything else he owns in a divorce settlement NOW...and sister, gotta' tell ya' that would be running thru my mind about now if I were you... :xAlso I'd be willing to bet this is just the 'tip' of the ice berg...IMO he's planning 'something' and you'd be wise to start investigating other financial holdings you two have...
Posted: Mon Aug 10, 2009 06:04 am Post Subject: Yes, you can
Talk to your attorney .. but, typically in a divorce situation - they will make your family (you + kids) the IRREVOCABLE beneficiary. The court must issue this, however.
Posted: Mon Aug 10, 2009 11:18 am Post Subject: insurance
IRREVOCABLE...this means the Beneficiaries can't be changed for any reason? ..am I getting this right? How can you get a Irrevocable Beneficiary, in place?
Posted: Mon Aug 10, 2009 11:42 am Post Subject:
IRREVOCABLE...this means the Beneficiaries can't be changed for any reason? ..am I getting this right? How can you get a Irrevocable Beneficiary, in place?
An irrecovcable beneficary cannot be changed without the beneficary's consent , (if then).Posted: Tue Aug 11, 2009 12:06 am Post Subject:
If the policy premiums were paid out of a joint checking account, I wonder if a lawyer could run with that?
Posted: Tue Aug 11, 2009 09:43 am Post Subject:
An irrecovcable beneficary cannot be changed without the beneficary's consent , (if then).
What if the Beneficiary (already on the policy..) tried to 'contest' it from being changed? Does he/she have a right to 'fight' the decision?Posted: Tue Aug 11, 2009 11:50 am Post Subject:
nope..not that I can imagine if it's an irrovocable bene.
Posted: Thu Jan 03, 2013 01:38 am Post Subject: change beneficiary
I filed against my deceased husband's mistress because he removed me as beneficiary from his company's pension plan and life insurance policy after 32 years of marriage and when he did that he did it during our divorce which was not finalized before he died and the money left for the estate cannot settle all his debts and the money he left for her is far greater in amount. The matter has been adjourned to February 2013 and I have already receive some of the money by court order or else I would have lost my house.
Posted: Mon Jan 07, 2013 04:16 am Post Subject:
I filed against my deceased husband's mistress because he removed me as beneficiary from his company's pension plan and life insurance policy
ERISA plans are not subject to state law interpretations. Your situation is different than most. A number of state laws revoke an ex-spouse automatically, but in an ERISA plan, the plan document is the controlling "law", and many plans have language that simply leaves the last named beneficiary, ex-spouse or not, as the de facto beneficiary..
During your marriage (including during any divorce proceedings), your ex-husband would not have had the right to revoke your status as beneficiary without your written permission, but he would have had that right if granted in the divorce order. The timing of such a change is likely the sticking point.
Having made the change too soon and without permission should render that change void. To be valid, it would have had to be redone after the divorce was final, and a copy of the divorce order served on the plan trustee.
It is unclear, however, why you have received some, but not all of the money at this point in time. Either you are entitled to it or you are not. Very strange.
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