by BULLITBOB » Sun Nov 29, 2009 03:55 pm
My sister passed away recently. She had a change in beneficiary form in her possesion when she passed. The form is dated prior to her death. The insurance company knew of the impending change. Do i have any recourse.
Posted: Sun Nov 29, 2009 09:11 pm Post Subject:
perhaps through the courts if you have some sort of proof of intent, but merely posession of the form wouldn't be sufficient I don't think.
Posted: Mon Nov 30, 2009 12:24 am Post Subject: Forms
I have the signed dated form. There must have been intent because she still had it. She did not plan on dying.
Thanks
Posted: Mon Nov 30, 2009 04:38 pm Post Subject:
Few people plan on dying. And fewer people die with change of beneficiary foms signed and dated in their possession.
Who is the existing beneficiary? (Apparently you are the beneficiary named on the form, or you probably wouldn't be asking.) If they are no longer living, you might have a case. But how do you know her intent wasn't to put that change of beneficiary form in the trash because she had changed her mind? It is reasonable to assume that she didn't mail it to the insurer because she decided not to.
Not to say that this is true, but it points out the dilemma that would face a jury in a legal action. You are not likely to prevail in any event. Without the testimony of the decedent, you have no way to prove their intent. It is pure speculation on your -- or anyone's -- part.
You would have been in a better position had you put the form into the mail before attempting to collect. But even so, if the postmark was later than the day of death, you'd probably be closer to a prosecution for insurance fraud than collecting on a death claim.
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