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: Wed Jul 20, 2011 03:47 am Post Subject:
My cousin called to say that they should have went toward the funeral and that we would be getting a letter from an attorny. Can he contest the policy.
This is the United States of America . . . the land of the free and the home of the tort lawyer.
A person can contest just about anything they want. But life insurance beneficiaries are as close to being inviolate as anything else. His likelihood of winning in court is almost nil.
No one can be forced to pay the funeral expenses of another. Take the attorney letter, if you ever get it, look in the mirror, and have a good laugh. Then simply send the attorney letter back with the notation: GO BUTT A STUMP! written very clearly and in large letters across the page.
Then wait to see if you are ever sued. If you are, then you might need to hire your own attorney to defend your position.
Up until december 2010 everything was left to my sister in the will. My cousin managed to get him to change the will so that he got everything.
If this is true, you might have a better case against your cousin.
Posted: Sat Jul 23, 2011 10:38 am Post Subject: Contesting life insurance beneficiary: Can it be done? pt.2
Greetings,
My fiancé committed suicide and his family out of town family beliefs it’s my entire fault because they feel I stressed him out. However, my fiancé had a drinking problem and was depressed and committed suicide on the day his brother died in which he never got over his brother’s death.
I tried getting him some help, and we when to counseling a year to date of his death, because he always grieved for his brother every year around the same time his brother died.
I met my fiancé in the summer of 2007 in which was married and had filed for divorce, however funding fell short and delayed the divorce which went into effect in January 2010.
My fiancé bought a house in February 2010, in which he added my name to the title of the house in August of 2010, we lived together previous before moving into the new home for a year. We completed the adding me to the title by an attorney in which say I have survivors rights.
My fiancé also added me to his job policies; putting me as his beneficiary and removing the ex-wife from everything. The ex-wife and my fiancé were legally married for 9 years.
The family and the ex-wife wants to contest and feels that since he just changed the policy in 2010, that it can be contested. And that any policies changes that are under 2 years can be contested.
They want my house and the life insurance money, my fiancé left me with 13 teen month old baby and a house fill out bills.
Can this happen? We were in engaged; I paid for all of his funeral service and had no help from the family.
Posted: Sun Jul 24, 2011 12:26 am Post Subject:
any policies changes that are under 2 years can be contested.
When it comes to beneficiaries, this is absolutely NOT correct. Beneficiary changes become effective on the day recorded by the insurance company, or even sooner, if described in the contract (many contracts include words to the effect: ". . . on the day the form was signed." which would be sooner than when received by the insurer) -- but the insurer must receive the change notice. The insured must have been alive on the day the beneficiary change form was signed by the policyowner.
As the named beneficiary of the life insurance, no one else is entitled to that money. It is yours. Others may contest, but unless they can prove some sort of coercion or intimidation existed as the reason your fiance changed his beneficiary, they will not prevail in court.
As for the home, if you are on title as a Joint Owner, the title to the property became yours at the moment of his death. However, there could be a problem with the loan, unless you were added to that as well. Title to the property and a mortgage are not always one in the same.
Posted: Mon Jul 25, 2011 02:45 pm Post Subject:
The law can vary by state, so it's wise to double check the particulars, but you should have nothing to worry about. You were the named beneficiary, why he did what he did is essentially irrelevant vis-a-vis the payment of the life insurance proceeds.
The family if grieving, this sort of stuff happens. Two sons gone in what seems like a relatively short amount of time. That's harsh and tough for people to handle.
Posted: Mon Aug 22, 2011 03:17 am Post Subject: Insurance Beneficiary
I live in Hawaii, My Mom and I was the beneficiaries of my Dad's insurance policies. My Mom died in June this year, my Dad removed my name as the beneficiary and changed to my cousin who he named in the policies as his daughter. I tried to call him to ask about why he did that, he hang up on me. I feel so upset and have no way to know the reason. If my Dad passed away, can I contest the false identity of the beneficiary? As she is not my sister in anyway and on my Dad's Will, he only recognises me as his only son. Please help.
Posted: Fri Sep 09, 2011 09:06 pm Post Subject:
Posted: Wed Sep 21, 2011 05:48 pm Post Subject: greed
I am having a difficult time trying to mourn my husband, when I get a letter in the mail from my stepchild's attorney asking me for copies of all life insurance policies. They are wanting to review one certain policy that they say I forged. Mind you all insurance monies have been disbursed to the beneficiaries. Can they do this?
Posted: Thu Sep 22, 2011 05:04 am Post Subject:
If the money has been already distributed, there's nothing that your step child can do to get money from the insurance.
But may be he's looking to sue you for a fraudulent behavior to recover some money. If you are innocent you have nothing to fear and you can give all the copies of policies needed by them.
They really can't contest it after the beneficiaries are already paid.
Posted: Thu Sep 22, 2011 05:22 am Post Subject:
How could you "forge" a life insurance policy? Do you mean they suspect you of having forged a beneficiary change form?
Can they do this?
This is America, where we have the freedom to do just about anything, no matter how stupid it might be.
BUT . . . PLEASE DO NOT PAY ANY ATTENTION TO THE POST ABOVE BY "MISTY VALDEZ"!! Some of that information is incorrect. While persons generally no longer have claims against the insurance company once the money has been paid to the beneficiaries, they may have claims against the beneficiaries. It's not contesting the beneficiary as much as it is contesting the beneficiaries' legitimate right to the proceeds.
Normally, the time to contest payments to beneficiaries is PRIOR to the payment of death claims. But if new evidence comes to light after the fact there is usually a 1 or 2 year statute of limitations (longer in some states) for persons to bring their claims. If, after a hearing or trial, it is determined that a beneficiary received money they were not entitled to, the court can order the beneficiary to pay an equivalent amount of money to the rightful party.
This does not happen often, but it does happen. And when it does happen, those same "injured" parties often try to sue insurance companies for paying the money to the wrong party. However, insurance companies generally have limited immunity from such lawsuits, if they paid the money to the party that they genuinely believed was entitled to it., based on all records available at the time.
If you had nothing to do with any change of beneficiary forms, there is nothing to be concerned about. Courts do not like to get involved in these kinds of disputes and plaintiffs have a very steep uphill battle to fight, which is why few prevail.
So don't be intimidated by what is happening. You will probably need legal representation -- this is a bit more complex than you might imagine -- and the attorney you hire needs to have special knowledge of life insurance and insurance law, which is not something most attorneys have.
You'll have to do a good job of finding the right litigator to defend you. But he will file cross-complaints seeking legal fees and expenses in order to help you avoid those costs.
Posted: Tue Feb 14, 2012 08:34 am Post Subject: contesting a will
I have a question, my my father has just passed and he never took his ex-wife off his insurance policy. What do yall think my chances of contesting the policy and winning are? I need some advice.
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