by ramaynes » Fri Oct 24, 2008 07:17 pm
My son was in an automobile accident and very recently passed away. It is believed he left his life insurance and his accidental death insurance to a former girlfriend and there are no children involved. I would like to fight this would it be possible.
Posted: Fri Oct 24, 2008 11:14 pm Post Subject:
ramaynes, I am so very very sorry...as a mother, my heart aches for you...
Yes, you can contest this payment, but are you sure you want to? How long was she his girl friend and was she good to him? He was an adult right? Did he still live at home? If you still think you want to contest it you need to contact the carrier IMMEDIATELY before they pay her...she will need a certified death certificate to even start the process.
Posted: Sat Oct 25, 2008 04:07 am Post Subject: Life Insurance
Thank you for response, no she was not good to him, he lived at home and it was used as his legal address and they had a very stormy relationship and I have several witnesses that will testify to this. Thank you for your help and other advice please feel free to let me know.
Posted: Sat Oct 25, 2008 07:10 am Post Subject:
I second lori, if you have decided to contest the beneficiary issue you should let the insurer know it before it could disburse the benefits to the girl.
Contesting the life policy beneficiary issue is not always easy, however, the outcome may depend upon several factors. And as lori has mentioned the relationship between your son and his girlfriend will pay an important role in deciding the judgement.
Since she wasn't nice to him and wasn't financially dependent your son (I'm assuming this part) you may be able to establish that she has no insurable interest against him. I'd suggest that you get hold of an attorney to know about your chances.
Posted: Sat Oct 25, 2008 08:57 am Post Subject:
ramaynes, contact the carrier immediately...tell them if this girl is the bene...you and his father and siblings what to contest this...you have to put them on notice asap...has she said anything to you about this? are you 100% sure she is the beneficary?
Posted: Sat Oct 25, 2008 10:51 am Post Subject:
I am very sorry for your loss. Do you know who carries the insurance policy (what company)?
Posted: Sat Oct 25, 2008 10:57 am Post Subject:
ramaynes, on what legal grounds would you claim as a basis for contesting the death benefit.
Fraud?
Duress?
Undue Influence?
Mental Incompetency?
You would be asking a Judge in a courtroom to overrule your son's free will designation on HIS contract.
You'll never prevail on this.
Posted: Sat Oct 25, 2008 11:06 am Post Subject:
You'll never prevail on this.
''never'' is a long time, let's not take away any hope from her....we don't know all the circumstances, that being said it's likely to be an uphill battle, but from a mom's stand point, assuming what you've posted is correct...start the ball rolling, contact the carrier, the worse that can happen is you don't prevail...but you won't always wonder, 'what if?"Who paid for all his arrangements? Be sure and let the carrier know, also didn't the funeral home know about the life policy and ask about the payment (if it hasn't been paid?)
Posted: Sat Oct 25, 2008 11:19 am Post Subject:
I am with Lori on this one. Let mom have some hope. If she can not do anything she will at least be able to rest assuered that she tried.
Posted: Sat Oct 25, 2008 12:05 pm Post Subject:
There is no hope of prevailing absent a legal justification:
Such as:
Fraud?
Duress?
Undue Influence?
Mental Incompetency?
Please put down your emotion and look at what you would be asking of a Judge!
Your honor, DON'T pay her the money, pay the money to ME, because ____________?
Please post all of the "because" you can think of, then pretend YOU ARE the Judge....which "because" would you use to override the clear intent of the policyowner's ABSOLUTE contractual right to name whomever he chooses as HIS beneficary.
They broke up and he forgot to change it in time,... won't fly.
Posted: Sat Oct 25, 2008 12:19 pm Post Subject:
Please post all of the "because" you can think of, then pretend YOU ARE the Judge
I certainly will but have a few things to do right now...stay tuned... :wink:Add your comment