by Hawaii50 » Mon Aug 22, 2011 03:43 am
I live in Hawaii, my Mom and I was the beneficiary of my Dad's life insurance policies (He has 2 policies). I have a sister (A) from my Mom previous marriage, but she is not my Dad's daugther. My Mom told me that she is not my sister, she is my cousin. My Mom brought her to USA after the Korean war. Besides, My Dad's Will only recognises me as his only son, he did not say he has a daughter. My Mom died in June this year, then my Dad removed me from the beneficiary. He put my so-called sister as the beneficiary on his both policies and he put the relatonship as "daughter". I tried to call him to ask about it, but he hang up the phone. I feel so upset about his action. My so-called sister never care about my parents and never be a sister to me. I do not understand why my Dad did that to me. I would like to ask if I can contest the insurance policy beneficiary as she is not my Dad's daugther. I asked the lawyer, legally she is a stranger to my Dad. Please help.
Posted: Mon Aug 22, 2011 11:48 pm Post Subject:
No. Unfortunately, there's nothing you can do. The beneficiary designation is completely up to the policyowner... your dad. The relationship you have with your "sister" is technically as stepbrother/sister. She is not your cousin. Regardless, the relationship to you and your father is immaterial.
He can name anyone he wants as his beneficiary. The only way to get this changed is if you can prove duress.
InsTeacher 8)
Posted: Tue Aug 23, 2011 05:35 am Post Subject:
Thank you so much for your reply, InsTeacher. It is hard to prove that my dad was under undue influence unless he is co-operate with me to go see doctor. I reported to APS about my mom's case, she died with a stage 4 bed-sore, but APS closed the case. Then my mom died, I afraid my dad will get cheated by the caregiver that he paid her cash (under table job). After my mom died, my dad move all his money away from the joint account and then change the insurance beneficiary to my so-called sister. I report this to APS but APS found he does not need proctection. My dad is 80 years old, he is the kind of easy to be cheated by woman. I wonder if my dad have to indicate the correct relationship, meaning "step-daughter" instead of "daughter"? If my so-called sister cannot prove the relationship, can she get the insurance benefit? I am not chasing after the money, but I was his biological son and he put my name on the beneficiary before my mom died. I would rather he cash out the insurance policy than gives to her, she has never taken care of my parents in any way. People said "Blood thicker than water", this is not always true.
Posted: Wed Aug 24, 2011 05:13 am Post Subject:
Again, unfortunately, no. If she's named as the beneficiary, the only person who can change that designation is the policy owner... Dad. The relationship status, in terms of if she's named "daughter" or "step-daughter" really has no bearing on the situation, nor does she have to "prove" the relationship. She's named as the beneficiary.
Sorry.
InsTeacher 8)
Posted: Wed Aug 24, 2011 05:35 am Post Subject:
Thanks again for your detailed explaination, InsTeacher. I am going to forget it, I cannot do anything about it because this is not under my control. I understand my dad has right to do whatever he wants to do, including change the insurance beneficiary. Thank you and take care.
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