by Guest » Mon Jul 13, 2009 09:39 pm
My mom had a policy for several years where she made payments each month, she had a $50,000 policy. A couple of years ago she started a new job and took out an additional 50k, my brother and I are the beneficiaries of both, that was in july 07, she worked at a hospital and always had bronchitis so she was always getting xrays done every few months. In May 08, they found a spot on her lung and suspected lung cancer, sent her to a charity hospital. to make a long story short, she had lung cancer and in march 09 passed away. She was with a guy for several years that we really didn't approve of, but my mom was the type that you didn't tell her how to live her life. Well after they found the cancer he decided he would finally marry her and made her change the beneficiary to half him and my brother and I would split the rest. ( i didn't find out till after she died he physically abused her at times) She did that in June 08, and he took out a life insurance policy on her at his work and said she was healthy. he was getting 20k off of that, (which i thought you couldn't lie on those but he did anyway) well my mom finally got enough of his bragging about how much he would make off of her death, and in september 08 called and requested forms to change it back to my brother and I, it took her a month to get those forms and she changed it back in october 08, on her own, she was not on powerful pain medications then she was still driving herself back and forth to radiation and even drove up to the lawyers office to have the insurance forms notorized herself. She was so happy. One day he comes home with an increase insurance request form from his work, he tried to increase his policy on her 60,000 to get a total of 80,000 off of his policy, he tried to force her to lie, but when he left she changed it, he was so happy ( at this point we were told she had 6 months to live that's why he done it) he kept saying he was making over 100,000 off her death, he would even say this to her, he told her he already had another woman, and when she died, he was going to fight her kids (which is my brother and I) and make sure we don't get a dime of her life insurance money. My mom didn't tell him she changed it cause i believe she was afraid of what he would do to her or us. So here's what's going on. We told him after she died she changed it, he told us that he would get us we would be sorry. We sent in a claim form and the insurance company gave him one also, and he sent it in and said she was incompetent or under duress or cohurssed (sp?) My mom knew everything right till the end she was never out of her mind, she was telling jokes and being herself right till the end. She even signed her own DNR, two days before she died. Well the insurance company sent out a letter saying we needed to send them doctors notes saying she had a disability about three weeks after we sent in death certificate and all the claim forms. they guaranteed the payout of the first 50k but are contesting the other 50k (which i understand that) well in may they sent something only to my brother saying they needed her medical records from the hospital where she worked. a month later in june, they sent me the same papers, when i called and asked why did it take so much time to send them to me they said they never received my brothers papers, and i asked about when they would payout the guaranteed 50k and they said that when they are through with their investigation on the 2nd half then they will decide if my moms husband has any right to it, and would have to go to court. they told my brother they don't have to give us a time line on when we will know anything. so i'm looking for any advice i can get, any help would be appreciated, and also in april we found out from a lady that is over the insurance where my mom used to work that they have the other claim that my moms husband filed and that we will probably have to go to court (the insurance company never told us anything about this and still hasn't in writing) My mom had everything done legally, i'm not understanding how they will just believe him. thanks so much for listening, sorry so long. thanks again.
Posted: Mon Jul 13, 2009 09:49 pm Post Subject:
forgot to add, i live in Louisiana
Posted: Mon Jul 13, 2009 11:50 pm Post Subject:
(which i thought you couldn't lie on those but he did anyway)
Sure you can lie, but if you get caught you're in a lot of trouble, and believe me I'd narc this guy out in a New York minute... :xThis 'type' of lie is called material misrep..the company would be very interested in hearing this.
I'm not a life insurance expert, but it's my understanding that challenging a beneficary is very difficult, well getting one over turned is hard.
Your mama had this notarized at the attorneys office right? Then call the attorney, they can vouch for her state of mind. Also talk to that attorney about representing you and your brother see what he/she will charge to do so..
Report that bumb of a step dad to the company he stole money from ...
Posted: Tue Jul 14, 2009 12:03 am Post Subject:
thanks, my brother's wife actually works for the lawyer that notarized it and she hasn't said if anyone has contacted them yet. my brother doesn't let me in the loop on much, he's just that way, but I have spoken to someone at the insurance company myself, as for my step dad, i hope he does get caught, he's the type that always seems to be lucky he has been cheating on his taxes for years using other people's kids as dependents and hasn't gotten caught. He's one of those that think they can do anything they want and get away with it. I have thought about an attorney, but my brother isn't in any hurry it seems. I'm not sure why, that's why I'm asking for advice. also my moms doctor and all the nurses said they would sign something saying she was in her right mind. but all we have gotten from the insurance end is that is has been turned over to an interpleader and that he will not do anything till the insurance is done investigating the payout on the second half. Which to me that makes no sense. thanks again.
Posted: Tue Jul 14, 2009 10:34 am Post Subject:
He's one of those that think they can do anything they want and get away with it.
And he does as long as people that know what he's doing don't report him... :wink:I don't understand this 'second' half buisness...have they paid out anything at all? and if so how much and to whom?
Posted: Tue Jul 14, 2009 09:49 pm Post Subject:
when my mom got the policy she only got it for $50,000, which was a while ago, don't really know when, but the insurance company has guaranteed payout on it, and in july 07 added an additional $50,000. but she died in march 09, it wasn't two years so the insurance company is contesting the second half. The first half they guaranteed but won't payout because they said that they can't payout till they figure out if they will give us all of it, they said they couldn't write two checks. And then when they do decide if they will pay all of it out then they will figure out if my moms husband deserves it or not. They say that an interpleader will decide if we get it or him. That's really what my other question is about, does what the insurance company is telling us sound right or not? They are not giving us any time frame anymore, and they keep saying they need more medical records, and i assumed they had all of them the first time they asked for them back in April 09, the last letter they sent they sent only to my brother in may 09, and then in june 09, i got the same letter requesting medical records without doctors and nurses notes. I asked why did it take so long for them to send me a letter and they said that my brother never sent them anything (which he did) and they sent me a letter. That's all we know, and they said they didn't have to tell us how long it would take. thanks for all your help.
Posted: Wed Jul 15, 2009 12:24 am Post Subject:
They say that an interpleader will decide if we get it or him. That's really what my other question is about, does what the insurance company is telling us sound right or not?
I don't know how a carrier could change the beneficary, without a judge saying it can be changed..That's all we know, and they said they didn't have to tell us how long it would take. thanks for all your help.
Are you a named beneficary on this policy or just your brother? or both?
Posted: Wed Jul 15, 2009 06:11 am Post Subject:
Hello Lorrie,
Sorry about your loss and also about the problems that you are facing with the policies. But I have couple of questions for you.
What do you mean by 'guaranteed payout'?
Next,
and in july 07 added an additional $50,000. but she died in march 09, it wasn't two years so the insurance company is contesting the second half.
Was she already diagnosed with cancer when she increased the death benefit? Hasn't any underwriting taken place when the limit was increased? Or, had she skipped the information of being diagnosed with cancer when applying for the change?
The first half they guaranteed but won't payout because they said that they can't payout till they figure out if they will give us all of it, they said they couldn't write two checks.
I think they are quite right.
They say that an interpleader will decide if we get it or him.
Who are the named beneficiaries of the policy?
Do you know the status of the other policy that your step dad had taken out on your mother?
~Jeremy
Posted: Wed Jul 15, 2009 07:18 am Post Subject:
Hi Lorrie22,
Was she already diagnosed with cancer when she increased the death benefit?
No, I guess it would have been difficult if she'd even try for it!
If it was diagnosed on May '08 and the benefit was added in July '07, then I suppose the company didn't have any problem with an additional $50,000.
Well, didn't your brother receive any 'letter of acknowledgment' from the carrier upon his submission of the required documents? Did you ask him regarding this?
a month later in june, they sent me the same papers, when i called and asked why did it take so much time to send them to me they said they never received my brothers papers, and i asked about when they would payout the guaranteed 50k and they said that when they are through with their investigation on the 2nd half then they will decide if my moms husband has any right to it, and would have to go to court.
Do you think you'd be able to ask them regarding the proceedings through the different phases of their investigation?
Steven
Posted: Tue Jul 28, 2009 03:05 am Post Subject:
My brother and I are both named beneficiary. My mom took out the additional 50,000 in july 07, she was fine, they found the mass in may 08, the insurance company is contesting that since it wasn't two years. They told us in April 09 though that they would pay 50,000, but was contesting the additional 50,000. They never sent my brother papers saying they received anything, they never have this whole time. I did call after I sent the papers in and all they said it could be several weeks before they get it in their system we would have to continue to wait. I don't understand why they have an interpleader either to see who gets it, my mom had the papers legally changed way before she died, and she was still driving at the time. She was herself right to the end, she even signed her own DNR a day before she died. It shouldn't matter what my step dad said everything was legal and even the lady over the insurance where my mom worked told the insurance company she was in her right mind and it should be paid out to my brother and I.
No i have no clue about the policy my step dad took out at his work, i'm hoping they didn't pay him a dime, and they seen that he took it out after she was sick. we don't speak to him anymore.
i have tried several times to ask them where they are in their investigation but they really are not saying anything, they said they didn't have to tell us how long it will take or where they are at with it, all they say is when they decide, then the interpleader will decide who gets the money. that's all we know, the last I've heard from them is june 06, and that's when they asked for more of her medical records that didn't include doctors or nurses notes, so i signed a paper to release them and my brother did also, and we sent it in. thanks so much for all the help.
Posted: Tue Jul 28, 2009 11:11 am Post Subject:
the last I've heard from them is june 06,
That's absurd! Were I you, I'd immediately contact my states Dept of Ins (all have websites) and file a complaint...Add your comment