by a good friend » Sun Aug 26, 2012 04:36 pm
How long can someone who is disputing payment to a beneficiary hold up the payment? There has been a restraining order placed on the insurance company so that they can't release the proceeds to the designated beneficiary. Is there anything that can be done to have the restraining order rescinded?
Posted: Sun Aug 26, 2012 08:56 pm Post Subject:
There has been a restraining order placed on the insurance company so that they can't release the proceeds to the designated beneficiary
This is a highly unusual legal maneuver. What is the reason for such drastic legal action? Who is disputing the beneficiary and why? Do they have reasonable cause to believe that the beneficiary has committed a crime or exerted influence over the policyowner in order to be named the beneficiary? In the absence of such things, I would question the court's authority to issue a restraining order. Probate laws tend to prohibit such actions.
Is there anything that can be done to have the restraining order rescinded?
Probably, but it's going to take an attorney and money to do so -- and it needs to be done IMMEDIATELY, if not sooner. The attorney needs experience in insurance and probate law and also needs to demand his fees and expenses as part of a cross-complaint for damages against the party who somehow managed to get a restraining order from a court.
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