Question I have. I had a sister that passed away sometime a

Posted: Tue Dec 01, 2009 07:22 am Post Subject:

Robert . . .

Some of what you are saying doesn't make sense. Normally, if an insured signs, dates, and mails a Change of Beneficiary request to the insurer, it is effective the day it is signed, even if the insurer receives it a week later, after the insured has died. They only have to verify that the signature is that of the policyowner.

Would you care to share what the response from the insurance company stated? That would be a big help to me. Because there are a handful of companies, like Allstate, that will refuse a beneficiary change if it's not executed on their specific form. Until they receive their form, no change is recognized.

Insurance companies have no reason to initiate contact with any beneficiary. The beneficiary is not a party to the contract before the insured dies, and until the insured dies, the insurer really could care less who or what it is.

They do not contact other ("previous") beneficiaries (presumably to get their approval? I don't really know what you mean by that), unless the primary beneficiary is "IRREVOCABLE" (a discussion I really didn't want to bring up), in which case the IRREVOCABLE beneficiary must consent to the change, and if they don't consent, there can be no change. Beneficiaries are usually "revocable" and can be changed as often as the owner wishes.

" I filed the claim as the sole surving relative and to this date have not received a response."

Did you file the company's official death claim form, or did you just send them a letter -- which is not a valid claim? They are waiting for their claim form. Did you supply a certified copy of the death certificate? If not, they are waiting for that, too, before they can pay the claim. If you filed the company's official claim form with a death certificate, you may not have heard anything if they sent the check to the beneficiary of record, which is their contractual obligation, and legally they have no responsibility to correspond with you. Finally, how long ago did you correspond with them?

What I'm trying to point out, Robert, is that there is at least one big piece of the puzzle you are withholding that could reveal the true answer to all of this. Filing a death claim as "sole surviving relative" is meaningless except that it notices the insurer that a death has occurred. Insurance laws dictate to the insurance company what it must and must not do.

Finally, you end your post with: "How can you mail it if you died before you can make it to the post office? And no, you have not helped me so far" By "it" I think you mean a change of beneficiary request. But your question is the answer to your question. As much as a person would like to change their beneficiary, if they never take/have the opportunity to do so, it doesn't get changed, except fraudulently by someone else.

If, at least, the insured, as I said above, put the request in an envelope, addressed, and with postage, that shows about 50% of the necessary intent. But it's not absolute proof, because the possibility also exists that they did not mail it because they had a change of heart, and just never trashed the request. Can you see the dilemma in all of this? Have you ever been to the home of a dead person and found things that could not be explained? Items packaged as if ready to be mailed, but not addressed? Who do you think it was supposed to go to?

The insurance company has no responsibility to act as judge and jury, and will not do so. If it knows there is a dispute over beneficiaries, then it will withhold the death proceeds until adjudicated by a court. Then it pays with interest from the date of death (and the beneficiary will pay income tax on the interest, but not the death proceeds).


This is all the stuff of fiction novels that sometimes become blockbuster movies.

So, Robert, please provide the missing information we need to help you. If you're entitled to pursue your claim, I'll be happy to give you as much guidance as I possibly can.