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: Tue Jun 01, 2010 09:18 pm 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: Tue Aug 03, 2010 01:44 pm 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: Tue Aug 03, 2010 08:07 pm 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: Thu Aug 19, 2010 05:06 am 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.
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Posted: Thu Aug 19, 2010 02:24 pm 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
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Posted: Sat Aug 21, 2010 10:27 pm 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: Sat Aug 21, 2010 10:47 pm 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: Tue Oct 12, 2010 03:30 pm 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: Thu Oct 14, 2010 07:02 am 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: Sat Oct 16, 2010 11:29 pm 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: Tue Jun 01, 2010 09:18 pm 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: Tue Aug 03, 2010 01:44 pm 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: Tue Aug 03, 2010 08:07 pm 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: Thu Aug 19, 2010 05:06 am 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: Thu Aug 19, 2010 02:24 pm 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: Sat Aug 21, 2010 10:27 pm 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: Sat Aug 21, 2010 10:47 pm 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: Tue Oct 12, 2010 03:30 pm 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: Thu Oct 14, 2010 07:02 am 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: Sat Oct 16, 2010 11:29 pm 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.
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