by lindathomas42 » Thu Jul 30, 2009 11:54 pm
My son died in December 2008 of an accident. I was told he had insurance through MetLife at his place of employment and that he left me beneficiary,. I waited for months then called Insurance Co.They told me he named me as beneficiary but never signed or dated the paper.
He was divorced and had two children.
I spoke to an attorney and told MetLife that I would open a small estate to get the funeral bills and expenses paid for. They told me that doesn't' matter, they don't honer the estate first.It will go to the children not an estate.
I spoke to Met Life yesterday and they told me I have a right to contest. His children live in Florida and we live in Pa. as my son did. The children already told me they weren't paying the funeral or buying a headstone.
What are my chances if I contest. And as a mother do I have any rights?
He was divorced and had two children.
I spoke to an attorney and told MetLife that I would open a small estate to get the funeral bills and expenses paid for. They told me that doesn't' matter, they don't honer the estate first.It will go to the children not an estate.
I spoke to Met Life yesterday and they told me I have a right to contest. His children live in Florida and we live in Pa. as my son did. The children already told me they weren't paying the funeral or buying a headstone.
What are my chances if I contest. And as a mother do I have any rights?
Posted: Fri Jul 31, 2009 06:57 am Post Subject:
Does your son had a will?
If the beneficiary form hadn't been authenticated, how the policy could be at place? Was there another beneficiary of the policy before you?
Posted: Fri Jul 31, 2009 10:45 am Post Subject: insurance
(Of course, this is my opionion) If nothing is signed, couldn't the policy be 'null and void'? I mean, you can't 'honor' something if it wasn't signed.
Posted: Fri Jul 31, 2009 11:18 am Post Subject:
I think that you need to talk to an attorney and contest the beneficary designation. Being the mother doesn't give you any rights. However, Met Life has a beneficiary form that isn't signed and dated and lists you as the beneficiary. When they received that form, they knew that it wasn't valid. If they didn't inform your son, he would have no way of knowing that there wasn't a valid beneficiary on file.
It was probably a guaranteed issue group policy and there may have been nothing for him to sign other than a beneficiary form.
This is further evidence that policies without a beneficiary don't automatically go to the estate. With this policy, there is obviously a default beneficiary designation. My guess is that it goes spouse first and then children.
Posted: Fri Jul 31, 2009 12:27 pm Post Subject:
And also further proof as to why people need an agent...
Posted: Fri Jul 31, 2009 12:46 pm Post Subject:
Absolutely, but in this case, a good agent wouldn't have helped. If my client had a $50,000 guaranteed issue, employer paid policy, and he submitted an unsigned beneficiary form to his H.R. dept, I certainly wouldn't know about it.
Posted: Fri Jul 31, 2009 12:49 pm Post Subject:
I agree. Same thing happens with group health insurance. The group says "pick one" and the employee says "uh.....ok. This one." and still has no idea what they bought.
Posted: Fri Jul 31, 2009 12:51 pm Post Subject:
Hi,
With this policy, there is obviously a default beneficiary designation. My guess is that it goes spouse first and then children.
What could possibly be her benefits if she contests the beneficiary designation now?
I'm sure it was Met Life's mistake to have left the form like that..but would it really help the OP if she had been listed as the beneficiary by her son?
Waiting for your responses.. Plasticmind
Posted: Fri Jul 31, 2009 12:58 pm Post Subject:
If she was listed as the beneficiary, MetLife would be sending a check to her.
Posted: Sat Aug 01, 2009 01:51 pm Post Subject:
Hi Expert,
They told me he named me as beneficiary but never signed or dated the paper.
Is it really possible that she could be listed and yet no signs appear in the papers? If such a mistake has been committed by Met Life, wouldn't they be liable to pay a compensation to her?
Thanks for your responses.. Plasticmind
Posted: Sat Aug 01, 2009 02:17 pm Post Subject:
It really sounds like a gray area that is need of an attorney. It sounds as if a beneficiary form was filled out and not signed and dated. Met Life probably scanned and filed the form.
The question is whether MetLife had a legal responsibility to notice that the form was received in an invalid format (no date or signature) and had a responsibility to inform the policy owner or the agent. I would think that they do.
This is a pretty big mistake to let slip through the cracks. It is also very possible that MetLife notified your son that the form was not valid as it was submitted and your son never made the change.
The problem is that MetLife has the legal beneficiary and the person who should be the beneficiary. They don't want to pay both, but if they pay just one person, the other person may have a case against them. An attorney is most likely needed.
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