Contesting a beneficiary!

Submitted by Anonymous (not verified) on Sat, 09/15/2007 - 11:23

I would be contesting a beneficiary on my late brother's estate due to a variety of reasons, has this happened before if yes I would like to know the cases.

Posted: 15 Sep 2007 11:35 Post Subject: Welcome

Hi Lungile Mkhize,
A warm welcome to the forums!
I have found out the following link regarding beneficiaries. You might like to go through it before you decide about contesting a beneficiary!
http://www.ampminsure.org/claims/about2459.html
Regards, Fatman

Posted: 16 Sep 2007 10:10 Post Subject:

Good morning Lungile Mkhize

The link I think that Fatman sent you to was regarding 'changing' a beneficiary. If I followed it correctly, (not the best at computers :oops: )
And your question is regarding contesting a beneficiary and not change one, of your already passed brother. (sorry by the way, I too have buried a younger brother, two years ago).

If the beneficiary is a wife, or child I think your chances may be very slim. I think the only way you can do this, is to get an estate attorney, and have them file something in probate. You don't say the reasons or who the parties are, but if you believe, (and clearly you do), there is a reason, I think you should contact the insurance company NOW and let them know you are going to contest this policy paying to the named beneficiary, then immediately get an attorney.

When my brother died, he was divorced with two minor daughters, my sister, father, and stepmother (his mama), had to sign some papers in effect stating we would not be contesting anything, or making any claim on his estate.. Fortunately there were no ill feelings and we wanted everything to go to his ex-wife and children. I doubt though we would've had to sign all that had he still been married, I think it was because they were divorced and we as his sisters could make a claim against the 'estate' as heirs. He also died without a will, which is another reason I presume we had to sign these. We didn't have to, it just made it quicker and easier, and as I said, wanted anything to go to the children.

Hope this helps, if you want to provide any other information we'll see if we can't help some more. Again so sorry for your loss..

lori

Posted: 17 Sep 2007 05:28 Post Subject:

Nice post lori and very informative.

Well Lungile Mkhize, you can always contest something you don't agree with. But the question of contesting a beneficiary is not that easy to answer.

Lemme tell you, that the policy holder possesses the full authority to choose the beneficiaries for his/her policy. You can't question that. He has the right to include or exclude you from his policy. In your case, you haven't mentioned that whether you are listed as a beneficiary on his policy or not. If he had not named you in his policy then you stand very slim chances of contesting the beneficiary.

Relationship of the beneficiary with the deceased also plays an important role in this case. Therefore, if the primary beneficiary is the wife or the children then the verdict of the court may also go in their favor.

However, the story isn't end for you. If your brother have named someone of distance relation or someone outside the family and you are the only direct relation then you may stand a fair chance of fighting the beneficiary.

You may like to consult an attorney to get a better picture on this matter. But it is important that you inform the insurance company that you want to challenge the policy beneficiary at the court.

Regards,
Juanita

Posted: 17 Sep 2007 11:04 Post Subject:

Thanks, Jaunita "Nice post lori and very informative." :D I think we are in agreement, Lungile Mkhize, has an uphill battle ahead, but first priority is to advise insurance company there will be a dispute regarding the named beneficiary.

Posted: 05 Dec 2009 06:12 Post Subject: contesting a beneficiery

My father committed suicide a month and half ago. He was at my house this past July and he stated to me that he was listing me as his main beneficiary. I have 3 brothers and it has always been open that we would all split evenly. So when we contacted the ins. we were all shocked to find out that his fiancee of couple months was his primary beneficiary. leaving half to her and half to us four children. With my youngest brother just turning 18 this year. Since he had been with her she would not allow my father to visit us without her being present. Many things have came out since his passing leaving questions if she had something to do with his death, leading up to. So is there a possibility to contest her being the beneficiary or is there nothing my brothers and I can do. I only care about $ for my youngest brother who will no longer have a father to help him through his adult life. Please if anyone has any advice it would be greatly appreciated. Thank you for your time.

Posted: 06 Dec 2009 08:45 Post Subject: insurance

I'm really sorry, DISTRAUGHTDAUGHTER. It just sounds like some greedy people are involved. You had said your father wasn't "allowed to visit" without the 'other half' being there? Sounds like she wanted control of the situation....and that's really sad.

Posted: 06 Dec 2009 12:59 Post Subject:

I'm terribly sorry for your loss....(as one that's been there twice), I know your pain.

Unfortunately, I doubt there is anything you could do. you of course can file a dipute with the carrier. But your Dad would've had to sign and mail in that change of beneficary form. If he did, that's what he wanted done...and I'm sorry for that as well.

Do your best to help your brother..my prayers are with you.

Posted: 07 Dec 2009 09:57 Post Subject: policy

Does the beneficary of a will have to pay for the burial expends before keeping the money for themselves? The individual has been buried over a week but the beneficary is only willing to pay 3,000 and there are other outstanding cost.

Posted: 08 Dec 2009 11:47 Post Subject:

Do you mean the beneficary of the life insurance? You said the will..and I doubt that has been administered yet. Was the decent married? Who made the funeral arragements?

Posted: 01 Jun 2010 08:01 Post Subject: Contest a life insur beneficiary

I'm trying to contest my father's life insurance as well. I was named as his first beneficiary and his ex girlfriend was the second. But they have not lived together for over 2 years now, she was removed on a domestic violence claim over 2 years ago by the courts and had a restraining order put on her. Apparently he never had the opportunity to remove her because he had removed her completly from his Will the month before he passed. She was a very evil woman, abused me as a child when my dad wasnt around and had the odasity to ask for a copy of the will, no joke, literally, just a few hours after my dad had passed away. The coroners hadn't even came to pick him up from his home before she was asking for a copy of it!!!!
Someone please help me, this evil woman should NOT receive any benefits from my dad's passing!

Posted: 01 Jun 2010 09:18 Post Subject:

So sorry about your loss....

I'm trying to contest my father's life insurance as well

Why? doesn't sound like you need to ...

I was named as his first beneficiary and his ex girlfriend was the second.

Honey, it's going to be fine...take a deep breath...if you are listed as the primary beneficary, and she is the contingent beneficary...and you are after all still alive... :wink: then she has no claim...period...now, are you sure that's how it reads? Have you contacted the insurance company to file a claim?

Posted: 03 Aug 2010 01:44 Post Subject: contesting a beneficiary

My brother died yesterday and I want to contest the beneficiary of his life insurance policies. According to the paperwork I found, he named his stepson as beneficiary on all policies. This kid is a idiot! He will take the money and put new wheels and a stereo in his SUV and leave my poor dad(he's 79) to foot the bill for the funeral home. This kid only thinks of himself and his obese wife and 3 nasty children and he will leave us high and dry.

Posted: 03 Aug 2010 08:07 Post Subject:

Sorry Susan, but your poor (JUST) deceased brother made this choice, clearly he didn't feel the same way you do about his stepson...if stepson is the beneficary, stepson gets the money....why not make him make all the funeral arrangements and sign his name on the dotted line to pay for the funeral, if after all he is the sole beneficary...sounds pretty easy to me.

Posted: 19 Aug 2010 05:06 Post Subject: johnn01

I think your chances may be very slim. I think the only way you can do this, is to get an estate attorney, and have them file something in probate. You don't say the reasons or who the parties are, but if you believe, (and clearly you do), there is a reason, I think you should contact the insurance company NOW and let them know you are going to contest this policy paying to the named beneficiary, then immediately get an attorney.

(Promotional links removed as per TOU)

Posted: 19 Aug 2010 02:24 Post Subject:

Wills are frequently contested while they are passing through probate, and the persons contesting the will sometimes be able make out a case that the will should not be implemented as written. However, life insurance is not a part of someone's estate and does not pass through probate. The rules are different with life insurance policies than wills, and it is much harder to contest a life insurance beneficiary. It is not impossible to contest the beneficiary

(Promotional links removed as per TOU)

Posted: 21 Aug 2010 10:27 Post Subject: beneficiary

I found a recent document with a more recent date on it changing the benficiary of an already paid out life insurance policy.
The name on it is given 1005 of the benfits and also states that in the will. the current recipient signature was 6years ago. does the new signature and date trump the payout and force the insurer to re-pay out the claim as it was premature to my finding the document? Do i have to go to court or does the person who already has the money have to give it back? Will the insurance company fight me b/c it was not submitted to the company although it shows clear intent? Do i have any chances?

Posted: 21 Aug 2010 10:47 Post Subject: beneficiary

ok - - but I have a more recent signed and dated document clearly intending the beneficary to be someone else. I am an executrix and had 27 crates of papers to go through when I found this newer document surely there is some remedy to this action?

Posted: 12 Oct 2010 03:30 Post Subject: Contesting a Beneficiary

My father past away last week. He had been divorced from my mother for 20 years. At the time he filled out the paperwork at his place of employment naming a beneficiary for his pension plan back in 2001, I was only 16 and living at home with my mother, who had custody of me. So he named his mother primary , who now is 88 years old and diagnosed with lung cancer, and me secondary. My father was extremely sick and I I know that now that I am of age, he would rather me have the pension. Can I contest this?

Posted: 14 Oct 2010 07:02 Post Subject:

No. It is set in indissolvable stone, concrete, steel, or any other substance that comes to mind. Your father made a big mistake.

The best you can hope for is that Grandmom has made provision for you in her will. In the meantime, the life insurance money is hers, because it was her name listed as the beneficiary, not yours.

Posted: 16 Oct 2010 11:29 Post Subject: fighting an ex-husband

My my died 2 months ago. She divorced my biological father 4 yrs ago come November after 34 yrs of marriage due to infediity. She was very vocal to friends & family about NEVER wanting him to get a dime of her money to enjoy with his now girl friend. In the divorce decree it stated my "father" waived his rights to her 401K & Pension, however she never took him off the record as being the beneficiary on her 403B, life insurance, Pension, house or 6 unit rental property. I believe she thought the desolution of marriage was enough. All sources are saying she appointed him as beneficiary either 1993 in some cases & 1986 in others & never changed it & the divorce decree means nothing to them. The insurance & pension are both over $100,000 & the 403B is close to it. Her 403B lists me & my brother as secondary beneficiaries & him as primary. He refuses to even let the insurance pay the last $5800 due to the funeral home. I paid $1700 for the burial plot up front. I believe he has already gotten the insurance as my step brother just informed me he had a new Lincoln Navigator & is leaving on a 2 week trip. My " father refuses to answer my calls & has basically "disappeared". IS THERE ANYTHING WE CAN DO TO FIGHT THIS??? I signed the funeral home papers so they are coming after me for the remaining balance, not him.

Posted: 18 Oct 2010 03:12 Post Subject:

Ready2GiuveUp . . .

IS THERE ANYTHING WE CAN DO TO FIGHT THIS??? I signed the funeral home papers so they are coming after me for the remaining balance, not him



Not likely. Mom was responsible to make all of the necessary changes, but apparently never did. This is not an unusual occurrence. Had Mom remarried, the situation would be different, and her new spouse would automatically replace the former spouse as beneficiary of her retirement plans under federal law. It would not alter a life insurance beneficiary.

You can always hire an attorney in an effort to fight this, but you are on the losing end, and will only lose more. Sorry for your loss, it's too bad Dad is such a jerk.

Posted: 12 Jan 2011 07:37 Post Subject: Nephews Pension

My nephew passed away at the young age of 34. He worked for the carpentary union and will be getting a small some of money. He has 20k each for his two children and social security of 1050.00 for each kid, as well as 4700.00 for funeral expenses. We just found out that his old girlfriend (mother of children) was his beneficiary. Since she has found this information out she has not been back to visit my sister (nephew's mom). My nephews children lived with my nephew and his mom 70% of the time and now spend the majority of the time with his ex at her parents house. We just want to make sure the money goes to the kids. Oh and the exgirlfriend is on drugs. Does anyone know what I can do to help my sister. thank you..

Posted: 13 Jan 2011 07:06 Post Subject:

We just want to make sure the money goes to the kids



Social Security Survivors' Benefits are payable to an adult "for the benefit of" the minor children. Usually that adult is the custodial parent/guardian caring for the children. Every year, the adult must make a report (under penalty of perjury) describing how the money was used for the benefit of the children. If the children later assert -- and can prove -- that their benefit money was unlawfully taken by another person, that person can be prosecuted and forced to pay restitution to the children.

As far as life insurance money is concerned, if any of it is payable to the children, it is their money, although as minors they do not have legal capacity to receive the money, and so it would be paid to an adult for the benefit of the children. But if it is payable to the ex-spouse as primary beneficiary, then that money belongs to her and her alone, and she does not have to share a penny of it with anyone else.

If you believe the children are in danger in the care and custody of their mother, then you will need a divorce attorney to press your case and try for a change of custody.

Posted: 13 May 2011 04:04 Post Subject: trust greedy and controlling benificary

can i do any thing to stop this :cry:

Posted: 06 Jul 2011 04:03 Post Subject: Stocks

My youngest brother died in May. A year ago he said that he was naming myself and my two brother as equal
beneficary (stocks) - instead he left everything to a person (friend) we did not know. My brother also said that he had money in his safe for funeral ($10,000)- his friend said no money was in the safe. Do we stand a chance of contesting this?

Posted: 07 Jul 2011 03:44 Post Subject:

You can contest all you want. You have almost no chance of winning.

Posted: 24 Jul 2011 06:49 Post Subject: Father Passed

My father passed away last month and I recently found he had a life insurance policy. He did not list a beneficiary so the money will be split between me and my half sister which has not been around for years. She recently got out of jail and has been using drugs for some time. Is there any chance of me fighting this or setting up an account she can't use until she's "clean"? I've spoken with her mom and she is also afraid of what might happen if she gets ahold of this money. Thanks for the help. I am listed as the exec of the estate, but we did not open one since there were no assets.

Posted: 24 Jul 2011 10:18 Post Subject:

My father passed away last month and I recently found he had a life insurance policy. He did not list a beneficiary so the money will be split


and

I am listed as the exec of the estate, but we did not open one since there were no assets.



There is either a will or there is not. If there is no will, and essentially no assets other than the life insurance money, the matter can be handled privately between the known heirs. However, if there are any claims against your father's estate, the life insurance money must first be used to satisfy those claims, and the remainder may then be split. If there is a will, that document controls beyond the claims of creditors.

When you write "we did not open one" I assume you mean a PROBATE action. It may or may not be necessary, your state's probate laws dictate what, if anything, must be done.

Posted: 25 Jul 2011 01:05 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?

Posted: 25 Jul 2011 01:11 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?

Posted: 11 Sep 2011 06:36 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?

Posted: 12 Sep 2011 05:13 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.

Posted: 25 Feb 2012 12:11 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?

Posted: 15 Apr 2012 04:25 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.

Posted: 16 Apr 2012 09:00 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)

Posted: 30 Oct 2012 12:37 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.

Posted: 10 Jan 2013 04:16 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?

Posted: 10 Jan 2013 05:36 Post Subject:

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.

Posted: 08 Apr 2013 04:29 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?

Posted: 08 Apr 2013 05:03 Post Subject:

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

Posted: 03 Mar 2014 07:06 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 ?

Posted: 10 Mar 2014 07:45 Post Subject:

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.

Posted: 08 May 2014 05:58 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.

Posted: 08 May 2014 07:55 Post Subject:

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.

Posted: 23 Jun 2014 08:27 Post Subject: can you contest a 401k beneficiary in illinois?

my dad passed away this year, from 2000 until last year he change his 401k beneficiary to his partner, can we contest this?

Posted: 23 Jun 2014 09:18 Post Subject:

Beneficiaries of ERISA plans such as a 401(k) or 403(b) plans are normally governed by the language of the Summary Plan Description document. You have to know what that says. You don't indicate what state this is in either. Until you know what the SPD says about the beneficiary, it's too soon to say anything about a contested claim. Time is of the essence, and you need to act quickly. Contact the employer or the plan administrator for a copy of the SPD.

Posted: 07 Apr 2015 12:19 Post Subject: contesting annuity beneficaiary

was mums caregiver when diagnosed with dementia…had tom get surgeries and asked brother to look in on her while i was coping with hospital/surgery..in a 6 months he had mum change beneficiary from me to him, within a year following surgery he had not taken her to her doctor, nor had she had her medications for the dementia…can i contest the change of beneficiary due to her diagnoses and lack of medication my brother had previously been absent for 20+ years previous to me having to get surgery.. i live in michigan

Posted: 10 Apr 2015 02:11 Post Subject:

You can try

Posted: 22 May 2015 07:36 Post Subject:

My father passed away last week. Just found out ex wife of 8 years is still listed as beneficiary on his retirement. Can i fight this?

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