Contesting a beneficiary!

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PostPosted: Mon Jul 25, 2011 1:11 am   Post subject:   

There is a will. All it states is that I am executor of the estate. The life insurance policy is truly the only assets. I spoke with the life insurance company and they said we did not need an estate inorder to pay out the policy. They ask me how I wanted my payout (check or for them to set up an account). Since my sister can not be tracked down, her half is being held by them.



I live in KY and the attorney told me if the company can pay out the funds without an estate, do it. He is going to file a claim for distribution for the small amount in his bank account and his car (which also has little value). I will get both those items. My sister is not mentioned in the will, but the life insurance company said there was no beneficiary so it's split between the kids. Do I have the right to challenge my half sister for her portion or anything I can do to make sure she uses it wisely due to her drug issues?


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Son with a question
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PostPosted: Sun Sep 11, 2011 6:36 am   Post subject: nafarius siblings  

Siblings hired a lawyer demanding that I turn over mutual funds from deceased brother. Stating that he was under hospice care and named me as beneficary four days before he passed away. Do they have a case?


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meme
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PostPosted: Mon Sep 12, 2011 5:13 am   Post subject:   

Are you the only beneficiary or your siblings are a part of it? if you are the sole beneficiary then they don't have high chances of wining the case. but as siblings they may file a case (which they did) challenging the beneficiary, as you are the only sibling who is to be benefited, and they have an equal right to it.


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B
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PostPosted: Sat Feb 25, 2012 12:11 pm   Post subject:   

My father just past of cancer.in his will he left his estate to me and my two sisters.in his will it States it supersedes any previous life insurance.to our surprise an insurance co contacted us and was looking for our enstranged mother who has been gone for sixteen years.he was not aware of the policy and listed no beneficiaries.is there any way to contest her as beneficiary?


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gla-la1721
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PostPosted: Sun Apr 15, 2012 4:25 pm   Post subject:   

My father died and my uncle seems to think he is the beneficiary to his retirement. Which makes no sense since they didnt get along. If it is him can me and my brother fight it. We were both close to my dad. We also have my dads other siblings on our side, saying no way he would leave it to my uncle.


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PostPosted: Mon Apr 16, 2012 9:00 pm   Post subject: contesting 401k beneficiary  

my friend intended to change his beneficary from his ex to his sister due to ugly circumstances with the ex...her stealing from him, abandonment among other things. the papers were never given back to the his secretary to initiate the change. can anything be done? (this is ex girlfriend not wife)


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anonymous1234
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PostPosted: Tue Oct 30, 2012 12:37 pm   Post subject:   

Is your friend deceased? If not, the change can still be made. Otherwise, his sister is out of luck. The secretary has nothing to do with it. It is not her responsibility to make and/or mail any changes. It also makes no difference if the beneficiary is an ex-girlfriend or ex-wife.



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PostPosted: Thu Jan 10, 2013 4:16 am   Post subject: Contest Life Insurance  

My dad died recently, and my stepmother became POA when he went to the nursing home. She change his life insurance beneficiary(child), and she put herself. Can I contest the beneficiary?


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PostPosted: Thu Jan 10, 2013 5:36 am   Post subject:   

Quote:
My dad died recently, and my stepmother became POA when he went to the nursing home. She change his life insurance beneficiary(child), and she put herself. Can I contest the beneficiary?


ABSOLUTELY! A power of attorney normally does not create a legal right to change beneficiaries. If the money has already been paid by the insurance company, you will have to sue the stepmother personally.


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PostPosted: Mon Apr 08, 2013 4:29 am   Post subject: Greedy AUNT  

My father passed and was determined to be incapacitated by a physician on at least 2 occasions. His condition was known to all of his off springs and siblings, including this aunt. My aunt took my father to the company he retired from and had him to change his beneficiary from his ex-wife (my mother) and his children to name her. What can be done to contest this if possible?


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PostPosted: Mon Apr 08, 2013 5:03 am   Post subject:   

When did all of this happen? What documentation do you have of this "incapacitated" condition?



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PostPosted: Mon Mar 03, 2014 7:06 pm   Post subject: dementia Dad  

My Mom told me I was primary , the insurance company says it was my Dad . He has dementia and is in nursing home unable to even spell his name . Do I have grounds for a contest of this ?


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PostPosted: Mon Mar 10, 2014 7:45 pm   Post subject:   

Quote:
My Mom told me I was primary , the insurance company says it was my Dad
Is this a new post, or are you the same person as "peacekeepers"? I can't tell what you are asking about.



Does this concern your mother's life insurance or your father's? If your mother has died, and your father is the last named beneficiary, the life insurance proceeds are his. If he is incapacitated and in a long-term care facility, who is his conservator? That person will manage the money for him.



Is there anything to contest? Who knows? You have not posted enough information for anyone to do anything other than guess what it is you want to know.


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CA-licensed Life & Disability Analyst. CA Insurance Lic #0596197. Also investigating insurance company abuses, and providing litigation support/expert witness services. Send me your questions, and I'll send you my answers.
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PostPosted: Thu May 08, 2014 5:58 pm   Post subject: contesting a life insurance policy  

My life in companion for over 20 years died suddenly and left no will. His estranged daughter is the administrator of his estate. I am listed on his life insurance policy as the only beneficiary, I just learned from the insurance policy that she is contesting the life insurance policy. I have no money to hire an attorney. How is this possible? What are the chances of her winning. I reside in Californian.


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heartborke and broke
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PostPosted: Thu May 08, 2014 7:55 pm   Post subject:   

Quote:
I just learned from the insurance policy that she is contesting the life insurance policy. I have no money to hire an attorney. How is this possible? What are the chances of her winning. I reside in Californian.




How is this possible? Anyone can file a competing claim. It's up to the insurance company to determine if a competing claim is valid or not. If it cannot make that determination, then the matter will be kicked to the federal court in what is called an "Interpleader" in which the insurance company says to the court, "We cannot figure this out, so here's the death benefit plus interest, minus our legal expenses, and you can sort out the facts and decide who gets the money."



Ordinarily, the courts will not overturn a legitimate beneficiary designation. Adults may name virtually anyone they choose as their beneficiary. In community property states, such as California, there can be some complications between spouses, but it does not appear to be involved in your situation.



As a California licensed Life & Disability Insurance Analyst, I am uniquely qualified to assist you in this matter. If it comes to needing legal assistance, that can be handled as well. Click on the email link below . . . "Send me your questions . . ." and provide more detailed information for me to evaluate.


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CA-licensed Life & Disability Analyst. CA Insurance Lic #0596197. Also investigating insurance company abuses, and providing litigation support/expert witness services. Send me your questions, and I'll send you my answers.
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MaxHerr
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