Contesting a beneficiary!

by Guest » Sat Sep 15, 2007 11:23 am

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.

Total Comments: 656

Posted: Sat Sep 15, 2007 11:35 am 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!
Regards, Fatman

Posted: Sun Sep 16, 2007 10:10 am 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..


Posted: Mon Sep 17, 2007 05:28 am 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.


Posted: Mon Sep 17, 2007 11:04 am 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: Sat Dec 05, 2009 06:12 pm 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: Sun Dec 06, 2009 08:45 am 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: Sun Dec 06, 2009 12:59 pm 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 prayers are with you.

Posted: Mon Dec 07, 2009 09:57 pm 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: Tue Dec 08, 2009 11:47 am 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: Tue Jun 01, 2010 08:01 pm 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!

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