by Guest » Fri Sep 16, 2011 09:21 pm
My father recently passed i was informed that I was beneficiary on one policy. The other policy he had the beneficiary as my mother who is actually his ex wife. His current wife contested the policy, sent in a divorce decree and the life insurance company told he that she was denied. She is now contesting again and the life insurance company told her that there is nothing they can do because all they have record of is his ex wife's name as the bene. Along with the divorce decree she sent in copies of form that my father filled out splitting up the life insurance in different percentages between herself and all of us kids but he did the forms wrong the percentages were not right. She told me that if she is to get the money then none of us kids are getting anything! Is there ANYTHING SHE CAN SUBMIT to over turn the life insurance company's denied decision?
Posted: Sat Sep 15, 2012 09:48 pm Post Subject: agent forgot to % by names on my mother policy
My mom passed away and her agent forgot to write down the % by the names of the people to get money. the insrance company was going to divide it 20% to each person. That is not what she had stated it was 75% to me pluse my 12 yrs 5% and the other 4 people to get 5% each.
I am the primary and had POA .I made the insurance agent write a letter to the insurance company and he admitted to his mistake he is asking for them to honor it or use her old policy of 45% to me 20% to each of my children and 10% to one brother and 5% to another and nothing to my sister or use the policy 60% to me 5% to each of my children and 10% to each brother and sister it has been in with they'er legal team what will most likely happen.
Posted: Sun Sep 16, 2012 06:17 am Post Subject:
I am the primary and had POA .I made the insurance agent write a letter to the insurance company and he admitted to his mistake he is asking for them to honor it or use her old policy of 45% to me 20% to each of my children and 10% to one brother and 5% to another and nothing to my sister or use the policy 60% to me 5% to each of my children and 10% to each brother and sister it has been in with they'er legal team what will most likely happen.
You can take your POA to Starbucks and with an additional $5 buy something that has too many calories in it for a cup of coffee. As far as the insurance company is concerned, your POA is meaningless.
You are POWERLESS to demand anything when it comes to distribution of the life insurance proceeds in any manner other than what was on record. Period, end of discussion. You weren't even in a position to change the beneficiaries before your mother died, POA or not.
You are not the (sole) "primary" beneficiary if there were others named alongside you. That is evident by the fact that "the insurance company was going to divide it 20% to each person." There are obviously five primary beneficiaries for that to be a true statement.
And it doesn't matter what you THINK your mother would have wanted, the insurance company is bound by what is written on paper and signed for by your mother PRIOR TO HER DEATH. If it's 20% equal shares among five persons, so be it.
What you can do is sue the agent for negligence in failing to follow your mother's instructions -- he should have a $1,000,000 Errors & Omissions policy covering his mistakes. You can file a claim against his E&O policy for the money you believe didn't get due to his negligence. You'll have to provide DOCUMENTARY PROOF -- not hearsay testimony -- of what your mother's desires were, and you can use that at trial to try to prove the agent did something wrong.
But without that lofty standard of proof, you are talking into the wind, and the effort you expend could be met with a court order tossing your case out the window and requiring you to pay the insurance agent's legal fees for a frivolous complaint.
Posted: Sat Sep 22, 2012 12:03 am Post Subject: life insurance
My father died 1 year ago. I am 27, my brother 23. My father was married to my step-mom only 5 years. Up until his marriage to her, my brother and I were 50% and his ex wife was 50% beneficiaries. Now, the present wife of 5 years said she was the sole beneficiary. I do not believe it. Is there a way we can find out who the beneficiaries are and when and if he changed his life insurance policy?
Posted: Sat Sep 22, 2012 10:32 pm Post Subject:
Is there a way we can find out who the beneficiaries are and when and if he changed his life insurance policy?
Has the death benefit been paid? If so, it was paid the beneficiary of record. It would probably take a strongly worded letter from a lawyer to obtain disclosure of the name of the beneficiary and when the change was made. If the letter doesn't work, it would take a court order for discovery, and that would not be free.
Posted: Tue Nov 20, 2012 06:03 am Post Subject: lif.,e insurance money
dad died,daughter is contingent sister is beneficiary how can daughter get money for her colleage
Posted: Tue Nov 20, 2012 06:28 pm Post Subject:
how can daughter get money for her colleage
She can take out a student loan.
As for the life insurance proceeds, she is not entitled to any of that money.
Posted: Wed Aug 12, 2015 07:44 am Post Subject: appeal named beneficiary
My brother died in Las Vegas, NV. There is a life insurance policy on which beneficiary was changed to a scam artist in the Philippines. My brother was very gullible and an easy target by men who would email him and profess feelings for him. They asked for money, which he sent to many men. I think he was talked into changing his policy by this person who was taking his money for many years at the expense of our elderly mother and myself. I would like to appeal this so it reverts back to original beneficiaries, my children in the 1970s.
Posted: Sun Aug 16, 2015 03:24 am Post Subject:
I would like to appeal this so it reverts back to original beneficiaries, my children in the 1970s.
In all likelihood, this is an impossibility if your brother filled out and signed a Change of Beneficiary form and sent it to the insurance company before his death.Posted: Mon Jan 11, 2016 07:50 pm Post Subject: insurance company payed money out to wrong person
a little over 2 years ago my fiance named me primary beneficiary on his life insurance policy but when he died the insurance company payed the money out to someone else, i want to file a claim against the insurance company but i do not know what area the law this would fall under. i would really like to pursue this claim because it was not just morally but legally wrong for the insurance company to do that.
Posted: Wed Jan 20, 2016 08:11 am Post Subject:
Write to me with details. If you have a case Iwill tell you.
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