Contesting Beneficiary

by Guest » Tue Jan 05, 2010 01:06 am
Guest

My father purchased a life insurance policy back in 1990 at that time I was a minor so he put his sister as beneficiary and me & my brother as contingent. My dad told me he was doing a change of beneficiary back in 2008 and needed my social security#.My dad passed away 10/30/09 so I called the insurance company to let him know about his death. His sister received the check from the insurance company and won't talk to me. The insurance company did admit my dad requested a change of beneficiary and sent him the paperwork 4/11/2008. They said I need to find the form or maybe it got lost when he mailed the form back. His sister admitted she knew the money was not meant for her but has decided I am greedy so she is going to sit on it for awhile. let me add I just found out she has a gambling problem. I live in WA and my dad lived in Iowa. Is this worth fighting for?

Total Comments: 2

Posted: Tue Jan 05, 2010 03:28 am Post Subject:

Ok, the public bickering stuff isn't necessary, I know you're frustrated but some of this information is better left unsaid.

As for your answer, there's isn't much to fight for without the insurance company having a request to change beneficiary. Unfortunately others will learn a lesson from your unfortunate experience. Even if a form were founded that was dated back when your dad was planning to make the change, your odds of making any changes are minimal. You could get an attorney involved, if you want to make some local attorney some money.

Posted: Tue Jan 05, 2010 08:06 am Post Subject:

Doesn't make sense that

The insurance company did admit my dad requested a change of beneficiary and sent him the paperwork 4/11/2008. They said I need to find the form or maybe it got lost when he mailed the form back.

Submitting paperwork after the death benefit has already been paid out on the basis of a beneficiary statement lawfully in effect and expecting to receive anything from the insurance company is foolhardy. They've already paid the claim. They won't pay it a second time.

The money paid to your aunt is HER MONEY. Doesn't matter that she says the money wasn't meant for her -- she did not disclaim it at the time of your father's death. And there's nothing you can do to force her to give a single penny of it to you. That's a concept known as "spendthrift trust".

Maybe if you speak nicely of, and to, her, she'll voluntarily give you some of the policy proceeds, if any are left.

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