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 Posted: Sun Nov 04, 2007 11:46 am Post subject: Contesting life insurance beneficiary: Can it be done? |
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My brothers 19 year old son just got killed in an auto accident. We think he had his 19 year old girlfriend ( that he planned to marry someday)as beneficiary on life ins. through his company. Can his parents contest this and what are their chances?
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decoup
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Juanita
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| Posted: Mon Nov 05, 2007 9:17 am Post subject: Contesting life insurance beneficiary |
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| Quote: | | We think he had his 19 year old girlfriend as beneficiary on life ins |
First get certain about that.
Next, find out whether she is the primary beneficiary or the secondary beneficiary. If she was named as the primary beneficiary then contesting that will be a difficult task. Remember, that the policy holder is free to name anyone to receive his policy benefits. If you contest that you are actually acting against the desire of the deceased.
Anyways, if you still wish to contest, inform his career and his employer immediately about the dispute. And, pls, keep us update with the developments.
Rupert |
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RupertWBradson
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| Posted: Mon Nov 05, 2007 9:29 am Post subject: Contesting life insurance beneficiary |
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| Quote: | | If she was named as the primary beneficiary then contesting that will be a difficult task. |
Agreed. But one thing to keep in mind, that she didn't share any direct relation with the boy. I mean, she wasn't his spouse. Under normal circumstances, policy benefits of the policy holder go to his wife and children and contesting that becomes difficult. But in this case, the parents may stand a chance if they challenge the beneficiary at the court of law. However, you may like to consult an attorney to get a clear view in this regard.
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LaAgent
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| Posted: Mon Nov 05, 2007 9:56 am Post subject: |
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First, so very sorry to hear of the loss of your nephew, so young, I'm so sorry.
Was the girl living with the young man? Had they 'set up housekeeping' together, or was he still living with his parents?
This might sound alittle harsh, but IF the girl is his beneficiary, (and only one policy let's assume), is there a way to make her responsible for the costs of his burial, rather than his poor parents? Hopefully another with life insurance experience can help with that. If she is to keep it, (ins proceedings), can the funeral home let's say put a lein against that policy?
Good luck, and so sorry for your terrible loss. |
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Lori
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| Posted: Mon Nov 05, 2007 1:28 pm Post subject: beneficiary of nephew: contesting life insurance beneficiary |
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He was not living with her...he lived at home. We think she talked him in to putting her down as beneficiary. They had not even set a date to get married....now the parents are responsible for the burial expenses. We will find out today for sure the situation. He has 2 policies, one his employer carries free of charge. Surely it would go to the parents? Thanks for your input.
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decoop
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| Posted: Mon Nov 05, 2007 1:46 pm Post subject: |
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| Quote: | | He was not living with her...he lived at home. We think she talked him in to putting her down as beneficiary. They had not even set a date to get married.... |
Please make sure his parents contact the insuring company (work policy) and tell them there is a dispute!!! So they don't pay her, I know she will need certified death certificates, and those won't be ready (usually) for a while, and cost as well, you generally order the number you will need while making funeral arrangements. I would ask the funeral director if any way, to file a lein against his work policy...
There are others with a lot of experience with life policys that I'm sure will weigh in on this, (I'm a property and casualty adjuster), I only have 'practical' experience with life policys.
| Quote: | | He has 2 policies, one his employer carries free of charge. |
Where is the 'other' policy? And who is bene. on that one? | Quote: | | Surely it would go to the parents? |
If he is unmarried and no children, then his parent, and siblings would be the logical 'next in line' re: his estate. However, if he named her beneficiary, there may be a fight, but one I think they may be able to win....How long have they been 'together'?, Was there a formal engagement announcement? How do the folks get along with her, will she (if allowed to collect) help pay atleast half of his expenses from these proceeds?
Don't forget too to be sure and look to his auto policy for any coverages there, I don't know the facts of the loss, but if he has med pay in some states (mine) 'certain' funeral expenses can be paid under that coverage as well. Also (dependent upon the facts of loss) there could be other coverages under the auto policy to help...
Please keep us updated, and we will do all we can to assist your dear brother's family in this awful time.... First though PLEASE make sure someone contacts that ins. carrier (at work) and tell them IF she is a beneficiary there WILL be a dispute! |
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Lori
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| Posted: Wed Nov 07, 2007 2:19 am Post subject: |
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FYI: The Insurable Interest provision (the rule which stated that the beneficiary must have an insurable interest on the life of the insured in order to be named beneficiary) was done away with 1991. This was done because gay couples, who named their significant other as their beneficiary, were having similar conflicts with the families of the deceased. In a ruling upheld by the 16th District Court, I believe, policyowners were given the right to name anyone they wish as beneficiary. Even if they pulled someone at random off the street, the insurance companies must honor their selection. Remember that a life insurance policy is first-and-foremost, a binding legal contract.
You will probably find that the insurance company will do exactly what they are required to do by law and issue a check to the named beneficiary. This way they avoid any legal repercussions.
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InsInvestigator
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| Posted: Thu Nov 08, 2007 8:48 pm Post subject: Beneficiary Contest |
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Unfortunately, the "insurable interest" provision in a life insurance policy only applys to the person or entity purchasing the life insurance.
Obviously we have an "insurable interest" in our own life, so we can buy as much life insurance as we want and can afford.
Some states recognize that "Engaged Couples" have an insurable interest in each other, some states do not.
Did your nephew buy the life insurance policy or did the girlfriend? Who is the policyowner?
Was the girlfriend the original beneficiary at the time the life insurance was first purchased or was it changed later?
InsInvestigator is absolutely correct, a person can name anyone as beneficiary and the insurance company must abide by that beneficiary election.
The only way I can see to possibly void the policy is if the person originally buying the policy did not have an insurable interest in your nephew's life. |
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InsuranceMaze
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| Posted: Fri Nov 09, 2007 2:54 am Post subject: |
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| Even though the odds are against you legally, I would definitely contest it. It is better to at least try and get a no rather than to sit back and let her collect a big fat check and ride off into the sunset. |
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knig188
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| Posted: Fri Nov 09, 2007 10:43 am Post subject: |
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| I agree 100% knig188, although the odds aren't good, better to fight and lose, than to not even try. |
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Lori
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| Posted: Sat Jan 26, 2008 7:45 am Post subject: my regards |
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I am going through the same thing my son committed suicide over his x and she stands to get over 400,000 life ins.
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bobbie
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| Posted: Sat Jan 26, 2008 1:26 pm Post subject: |
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I'm so sorry bobbie
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Lori
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| Posted: Mon Jan 28, 2008 8:36 pm Post subject: |
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| Sorry for both of your loses, hopefully you all will get these monetary issues out of the way so that you may properly grieve your lose. I am sorry that this has happen to both of you. |
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goodnatured
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| Posted: Mon Aug 03, 2009 12:07 pm Post subject: Contested Beneficiary |
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I took care of my sister for 4 years while she was ungoing treatments for cancer> She left me her only beneificary. Her son is thinking about contesting it. Can he do this
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Andrea
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