by cmnpayne » Tue Nov 04, 2008 11:11 pm
I am not sure who to contact to dispute my late husband's life insurance. He passed away August 2007 and had changed his beneficiary from me to his dad in May after we had a big fight. The law states that I, as the wife, was supose to be notified, but I never was. His dad did get the money and will not even give a dime to help me raise our 3 kids that he left behind. In his will, he left me everything, but all I got was bills! Can anyone tell me where I go from here?
Posted: Wed Nov 05, 2008 05:18 am Post Subject:
Hi, once the benefits have been paid to your husband's father then you may not have a chance to dispute it. You were required to inform the insurer before the disbursement of the benefits that you wud like to contest it.
The Family Servicemembers Group Life Insurance rules suggest that the lawful spouse of the policy holder needs to be notified about the selection and also about the changes in the beneficiary status within thirty days. However, it wouldn't reveal the name of the new recipient. Are you sure that you haven't received any notification of this nature?
I guess you are required to consult an atty to see your options, but, again, contesting the life insurance beneficiary issue isn't a cakewalk.
Posted: Wed Nov 05, 2008 07:21 am Post Subject:
I'd rather suggest that you leave the children at their grandfather's door and move on with the life.
You certainly need legal representation for the case.
Its very unusual for anyone to change the name of the policy beneficiary over a family tiff. Were you guys together at the time of the death if your husband?
I'd agree with my above poster that now very little can be done since the benefits have already been paid to the name beneficiary. The policy holder can act on his free will regarding choosing the beneficiary of his policy.
Posted: Wed Nov 05, 2008 09:29 am Post Subject:
Servicemembers' Group Life Insurance (SGLI)
Instructions On Completing This Form (Type or print in ink all items except where otherwise noted.)
1. Naming Beneficiaries
a. A new SGLV-8286 must be completed to change your beneficiary. You may name anyone as beneficiary without his/her consent. However, your spouse will be notified if you reduce coverage or name a beneficiary other than your spouse.
Click HERE to download the actual beneficiary change form.
As you can read from above your husband was free to name "anyone as beneficiary without his/her consent."
This issue of notification wouldn't invalidate the beneficary designation. It would give you a heads up that your husband changed his beneficiary but there wouldn't have been anything you could have done about it. You would just know that it had been done.
The time to contest this would have been in August 2007, BEFORE, the claim is paid.
Even then you wouldn't prevail simply on the grounds of lack of notification.
Posted: Thu Nov 06, 2008 12:52 am Post Subject:
When I began reading this post, the little voice in me head spoke up, "this looks like one for Gary" and Boom! there you were.
However unfortunate, the rules pertaining to the designation of beneficiaries are not always what one might consider fair.
Posted: Tue Aug 10, 2010 04:33 pm Post Subject:
My daughter was made the sole benificiary for a soldier for the max amount of $400,000. Now her family is protesting this. Decision... what are my options?
Posted: Wed Aug 11, 2010 01:34 am Post Subject:
Laugh...that was perhaps a bit cold. Truth is, if the deceased named her beneficiary then she gets the money. The family can challenge all they want, they're very likely to lose, their attorney will enjoy the process if they are paying him consulting fees. If your daughter has received the money there isn't much the family can do.
Posted: Wed Aug 11, 2010 03:20 pm Post Subject:
well at this point she has not recieved it only becuase she is not 18 until the 22nd of this month (August). The paper work is being processed by the insurance as of the 4th of this month.
Posted: Thu Aug 12, 2010 06:38 pm Post Subject:
she is not 18 until the 22nd of this month (August).
If they even realize the young lady is not quite age 18, the check would be held up because of that. The fact that she turns 18 in 10 days may not even cause a delay in the payment, just a "hold" on the claims payment prior to that date. No one else would get the money even if she were only 18 months old, except as the trustee for her exclusive benefit.
If in doubt, you can try calling the SGLI death claims number at the VA: 1-877-832-4943. Their regular contact phone number is: 1-800-419-1473.
Unfortunately, I don't know how long it takes for them to answer the phone at either number, not do I know the quality of information you will receive.
Posted: Fri Aug 13, 2010 02:39 am Post Subject:
Yeah SGLI service reps may or may not have lots of answers.
It wouldn't be the case that payment is held up due to her birthdate. If she weren't close to 18, the payment couldn't go directly to her, but it would still be paid--to a trust that would then require a court order to take funds out for her.
Posted: Wed Aug 18, 2010 12:28 pm Post Subject:
So do you recommend that we just "ride it out" for now. Or should we get advise from legal counsel? The insurance company told us that the "disputer" has until the 6th of Sept to take legal action against us.
Add your comment