by wagner » Sat Apr 28, 2012 05:04 am
Hi. I was named the beneficiary to my ex fiances life ins policy. We were together 7 yrs, we went through a comma, a liver and kidney transplant, etc. Im the reason he was given a 2nd chance in life. He got better - we were going to get married - but he started borrowing a major amt of money that he never paid back, so we eneded the relationship. He left and took several expensive items that he never returned. We did remain friends in hopes I would get my stuff back, but that didn't happen.
He remarried a few yrs before he died. He became sick, his friends and family say she didn't take care of him, she left him unattended, he fell several times and theres proof of her leaving him unattended, gave him alcohol, etc. She didn't allow anyone in the home the day before then called 911 when he was in hospice. At the hospital she waited outside of the room.He passed.
He didn't take me off as his beneficiary to a very small life ins policy (close to the same amt he owed me) - He told me the last time we saw each other that he wasn't going to change it because of everything I did and because of the money he wasn't able to pay back. There is a witness that was there when he was talking to me that day
The latest wife is now contesting it.
She took out 3 other life ins policies on him. Her relative is an attorney so she has filed a claim to say she should be the beneficiary. The ins company isn't telling me much other than someone is contesting it and it may take a very long time. And that it may go to court for a judge to decide. Her family member is an attorney so she doesn't have to pay an attorney she has nothing to loose.
Can anyone tell me now how this will work?
Will we have to split it? Is it possible a judge will award it to her? How long could it take?
He remarried a few yrs before he died. He became sick, his friends and family say she didn't take care of him, she left him unattended, he fell several times and theres proof of her leaving him unattended, gave him alcohol, etc. She didn't allow anyone in the home the day before then called 911 when he was in hospice. At the hospital she waited outside of the room.He passed.
He didn't take me off as his beneficiary to a very small life ins policy (close to the same amt he owed me) - He told me the last time we saw each other that he wasn't going to change it because of everything I did and because of the money he wasn't able to pay back. There is a witness that was there when he was talking to me that day
The latest wife is now contesting it.
She took out 3 other life ins policies on him. Her relative is an attorney so she has filed a claim to say she should be the beneficiary. The ins company isn't telling me much other than someone is contesting it and it may take a very long time. And that it may go to court for a judge to decide. Her family member is an attorney so she doesn't have to pay an attorney she has nothing to loose.
Can anyone tell me now how this will work?
Will we have to split it? Is it possible a judge will award it to her? How long could it take?
Posted: Sat Apr 28, 2012 06:07 pm Post Subject:
Apparently, the deceased's estate is going to be settled in probate court. The court date is public so you may want to be in attendance. Courts prefer to have things in writing as opposed to listening to alot of talk about what happened, what should have happened and what was going to happen.
Insurance companies require a form to be completed to change the beneficiary. Therefore, you should be in posession of the life insurance policy showing you as the beneficiary. The widow would have to produce a form requesting the beneficiary change and if the insurance company never got it prior to death the widow should have sent it registered return receipt required or some other method documenting it's receipt by the the insurance company.
You may want to contact a local college or university with a school of law to find out if you can obtain some free advice concerning probate court. Otherwise, the money spent on a lawyer to represent you on a life insurance dispute may be equal to or greater than the amount of the life insurance.
Posted: Sat Apr 28, 2012 11:00 pm Post Subject:
Therefore, you should be in posession of the life insurance policy showing you as the beneficiary.
This is NOT a requirement, and many benefiticaries do not know they are the beneficiary of someone's life insurance.
You may want to contact a local college or university with a school of law to find out if you can obtain some free advice concerning probate court.
Free advice from a law school about something as complex as Probate? LOL!
When situations like this arise, the insurance company does not want to be involved. It can only pay the money to a named beneficiary or the estate of the insured (if the insured was the owner of the policy) in most cases.
A new spouse who was not named as beneficiary has little chance of overturning a beneficiary designation. But some states automatically disqualify a former spouse as beneficiary at the time a divorce is granted.
However, from the OP's post, it appears that they were never married, so even if her state's law were to disqualify an ex-spouse, the law would be silent as to "friends" or other persons named as beneficiaries.
What the insurance company is most likely going to do is to file what's known as an "INTERPLEADER" with the probate court. The insurance company will pay the policy proceeds to the court and let the court determine who's entitled to have them. The insurance company will provide documentation showing who it believes was the last named beneficiary, which would probably support the OP here. The insurer will notify the beneficiary/OP that it has filed the interpleader so that person may then file a claim of equity against the estate of the decedent. A hearing will be held to determine the outcome of the matter, and it is highly unlikely that the OP would be sent away empty-handed.
The 'guest" opinion above is mostly incorrect on all counts. "The widow would have to produce a form requesting the beneficiary change and if the insurance company never got it prior to death . . . ."
This is meaningless. Beneficiary changes are ONLY valid if received by the insurance company. They must be executed by the policyowner prior to the death of the insured to be valid.
Posted: Sat Apr 28, 2012 11:05 pm Post Subject:
the money spent on a lawyer to represent you on a life insurance dispute may be equal to or greater than the amount of the life insurance.
While this could be true, in a probate action to defend a beneficiary's entitlement to life insurance proceeds, when properly filed, the beneficiary can be awarded his/her attorneys fees and other costs of defending their right to the proceeds from the decedent's estate. This is especially true when the court determines the wrongful claim to be "vexatious".
Posted: Thu May 10, 2012 09:59 am Post Subject:
Great advice by Mr Herr. It does appear that PP misunderstood some of the details that OP mentioned, leading them to suggest some irrelevant courses of action and advice. If you believe that there is sufficient proof to show in court without worry of retraction, you should fight for what you believe is rightfully owed to you. As the beneficiary on that life insurance policy, you have reason to claim the death benefit. You should get expert legal counsel to help you further in this matter. Sorry for your loss; good luck!
Pat Cassidy
Disclaimer: I work for [link deleted per TOU] and this is my personal opinion.
Posted: Mon Jul 09, 2012 05:34 am Post Subject: Contest Insurance Beneficiary
My husband of passed away from a subdural hematoma. Almost 3 years ago health issues started and he started medicating himself with alcohol and prescription pills for anxiety and depression resulting in lossing his job. He had a seizure and placed in a detox coma and after had PT then in a 30 day treatment center. He stayed sober for 1 day but did get a job 30 days later. He kept the job for 6 months and was drinking with a lot of days missed from work and days in motel drinking that ended in lossing his job. He left and stayed in a motel room drinking for a week (which he would do every time he wanted to drink and knew that he could not do it at home) at which time his family stepped in and had an intervention and he went to a treatment center for 6 months. He was released and came home. One month later fell while drinking. Left again for motel and I picked him up with broken ribs and pelvis and took him to hospital where they found out that he had cancer. He had surgery to remove cancer and stayed sober on and off for 4 months. One day without warning he decided to leave again for family but not before the motel stay and drinking. His family had to pick him up from a motel to get him home. He continued to drink and I filed for legal separation which he never signed and 3 month later had a seizure and another hospital stay. The best I can tell within two weeks of leaving the hospital he changed his life insurance beneficiary. Six week later he passed away with many bills which his family gave to me. There was many issues like the family did not contact me about first hospital stay until they realized they did not have accurate insurance information. The second stay until they were told he only had 24 hrs to live. After death they took the body with out my permission and planned the funeral because his mother knew he had changed to beneficiaries. She would not admit it to his sibling when they asked about insurance and I told them about the change but did to me during his wake. I am not sure who he changed it to because his mother would not tell me. We live over 700 miles apart and she knew I could not afford to bring him home without the insurance money. Do I have a legal right to contest the change and what type of lawyer would I contact for help?
Posted: Mon Jul 09, 2012 08:45 am Post Subject:
It is highly unlikely that you would be successful in overturning a change of beneficiary. Unless you had proof -- ironclad proof -- of coercion or other force or threat which resulted in the beneficiary change, you will not win such an action.
As far as an attorney, you would need one who specializes in insurance law and the law of contracts.
Posted: Mon Jul 09, 2012 01:28 pm Post Subject: question
Even if he changed his beneficiary while under the influence of alcohol and the insurance agent heard someone in the background telling him what to say?
Posted: Mon Jul 09, 2012 08:11 pm Post Subject:
Can you prove this, or is it just "hearsay" testimony?
How would you know he was under the influence of alcohol to the point of mental impairment at the time?
What would the agent have to do with this? Beneficiary designations are made in writing.
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