by Guest » Sun Nov 04, 2007 01:17 pm
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 think of contesting life insurance beneficiary and what are their chances?
Posted: Fri May 10, 2013 03:22 am Post Subject:
So what is your question?
If the insurance company had a reasonable belief that you were the proper beneficiary, they are off the hook. The rightful beneficiary would have the right to sue you for the amount of money you received, not the insurance company.
On the other hand, if the insurance company knew there was a possibility that you were not the correct beneficiary, but paid you any way, they could be responsible to pay the correct beneficiary an amount equal to the death benefit. In other words, they would have to pay twice.
In either case, the insurance company cannot collect the money back from you unless there was some sort of fraud on your part, in which case they would have to sue you in civil court, prove their case and obtain a judgment against you.
Until then, tell the insurance company to go butt a stump.
Posted: Fri Jul 12, 2013 05:42 am Post Subject: lost
ok im gonna try to explain my situation but not in a way im critsised like others...ok my dad past three months ago he told me 2 yrs ago he had cancer and he has life insurance and my mother he told when he passess and she is able to collect it 2 months after his passing)yes she is poa she is to collect the insurace pay his funeral any unpaid bills left bye him and the rest be passed and divided between me and three step siblings well she collects the insurance(in which i cant get info on the policy do to im not his benifi)and splits between the three step and nothing sent to me except the funeral bill and the last hospital bill which was suppose to be payed with life insurance before spliting well she didnt pay them now im left with 2big bills and nothing froom the iinsurancei tell them she collected it and should of payed them and gave them her name and number well they inform me i am his ligitament blood daughter next of kin and im responsible i told them stop calling me to contact my mother but they send the bills to me and say im responsible well i wouldnt mind paying it if i got my share his bills why not his money so my question is since she changed her number and i am trying to contact her...and no luck doing that how can i find out what insurance he had so i can contact them and find out the day and how much she collected so i have proof of payment to her and proof so if it ends up in court i have the info to repersent myself and have the proof she collected and she should of payed them bills...thanks for your time and hoping you understand what my concerns are
Posted: Fri Jul 12, 2013 08:52 am Post Subject:
First, let me offer condolences for the loss of your father. Then let me say that as his child, you are not responsible for your father's debts, but his estate is. On the other hand, if you are the administrator of your father's estate, then you could be held personally liable for any unpaid debts. Since you don't mention anything of the sort, then I assume you are not administering his estate. I would assume that his wife was handling his estate.
the rest be passed and divided between me and three step siblings
Unless you and your "step siblings" were named as beneficiaries, those words of your father were of no consequence. The only person entitled to the funds from the life insurance policy is the named beneficiary. What they do with the money is their business, and no one else's. They don't have to pay anyone's bills with it. And they don't have to share one cent of it with anyone else.As for getting any information from any insurance company . . . that's not going to happen even if you knew the insurance company and had the policy number, not unless you are the beneficiary.
So, based on what you've written and how you've written it, you need an attorney -- one who specializes in estates and probate. -- to protect you. You should not attempt to represent yourself.
Posted: Sat Jul 13, 2013 12:00 pm Post Subject: 403b ira
My dad just died and left me primary beneficiary of a small IRA. My brother is the secondary. However USAA has sent us both paperwork to fill out to get the funds. ONe agent I spoke with at USAA says I am primary only and will get all monies, and one first said no to my brother, but then sent him papers to fill out to claim money?? I thought a secondary could not be told about the primary beneficiary's monies due to privacy?
Posted: Sat Jul 13, 2013 02:30 pm Post Subject:
I don't know that any privacy issues exist, but if you are the primary beneficiary, you have nothing to worry about.
Posted: Mon Aug 26, 2013 11:39 pm Post Subject: Life Insurance Policy beneficiary
My Husband had his policy since 1992 before we ever met. He passed away his mother thought I was the beneficiary she was all down my throat saying he want you to do right by his kids with the money, once she found out she was the beneficiary everything change. On the insurance policy it stated Divide Money equally to my children. His mother say since he did not have a WILL she can do what ever she wants with the money. Have not gave the grand kids a dime but bought her and her daughter a new car taking care of her sister who came out the wood works. Can I take her to court?
Posted: Tue Aug 27, 2013 01:20 am Post Subject:
once she found out she was the beneficiary everything change.
andOn the insurance policy it stated Divide Money equally to my childrens
These two statement are mutually exclusive. If Mother was the beneficiary, then the children were not. If the children were the beneficiaries, then Mother was not.
Which one was it? No one here can answer that question, because none of us know.
If you want to sue, fine. If you're wrong, you will probably have to pay both your attorney and Mother's.
Posted: Sat Jul 19, 2014 01:16 am Post Subject: Life insurance dispute
My mother passed away leaving only 2 of her children as beneficiaries...she has 3 children can the third child, our sister contest the life insurance policy?
Posted: Sat Jul 19, 2014 07:56 pm Post Subject:
Anyone can contest anything they like. Winning is another matter. Unfortunately, when a life insurance beneficiary is contested, the matter usually ends up in federal court and costs everyone involved attorneys fees. The attorneys can end up getting as much as or more than the beneficiaries.
Trying to work out an amicable arrangement between the three children and the insurance company can save a lot of aggravation and money, not to mention the time involved.
Posted: Sun Oct 12, 2014 04:45 am Post Subject: Insurance beneficiary
My dad had a small insurance policy with his deceased wife as beneficiary. He passed away, who does the benefit go to, his children or deceased wifes children.
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