I would be contesting a beneficiary on my late brother's estate due to a variety of reasons, has this happened before if yes I would like to know the cases.
Total Comments: 656
Posted: Mon Apr 08, 2013 05:03 am Post Subject:
When did all of this happen? What documentation do you have of this "incapacitated" condition?
Posted: Mon Mar 03, 2014 07:06 pm Post Subject: dementia Dad
My Mom told me I was primary , the insurance company says it was my Dad . He has dementia and is in nursing home unable to even spell his name . Do I have grounds for a contest of this ?
Posted: Mon Mar 10, 2014 07:45 pm Post Subject:
My Mom told me I was primary , the insurance company says it was my Dad
Is this a new post, or are you the same person as "peacekeepers"? I can't tell what you are asking about.
Does this concern your mother's life insurance or your father's? If your mother has died, and your father is the last named beneficiary, the life insurance proceeds are his. If he is incapacitated and in a long-term care facility, who is his conservator? That person will manage the money for him.
Is there anything to contest? Who knows? You have not posted enough information for anyone to do anything other than guess what it is you want to know.
Posted: Thu May 08, 2014 05:58 pm Post Subject: contesting a life insurance policy
My life in companion for over 20 years died suddenly and left no will. His estranged daughter is the administrator of his estate. I am listed on his life insurance policy as the only beneficiary, I just learned from the insurance policy that she is contesting the life insurance policy. I have no money to hire an attorney. How is this possible? What are the chances of her winning. I reside in Californian.
Posted: Thu May 08, 2014 07:55 pm Post Subject:
I just learned from the insurance policy that she is contesting the life insurance policy. I have no money to hire an attorney. How is this possible? What are the chances of her winning. I reside in Californian.
How is this possible? Anyone can file a competing claim. It's up to the insurance company to determine if a competing claim is valid or not. If it cannot make that determination, then the matter will be kicked to the federal court in what is called an "Interpleader" in which the insurance company says to the court, "We cannot figure this out, so here's the death benefit plus interest, minus our legal expenses, and you can sort out the facts and decide who gets the money."
Ordinarily, the courts will not overturn a legitimate beneficiary designation. Adults may name virtually anyone they choose as their beneficiary. In community property states, such as California, there can be some complications between spouses, but it does not appear to be involved in your situation.
As a California licensed Life & Disability Insurance Analyst, I am uniquely qualified to assist you in this matter. If it comes to needing legal assistance, that can be handled as well. Click on the email link below . . . "Send me your questions . . ." and provide more detailed information for me to evaluate.
Posted: Mon Jun 23, 2014 08:27 pm Post Subject: can you contest a 401k beneficiary in illinois?
my dad passed away this year, from 2000 until last year he change his 401k beneficiary to his partner, can we contest this?
Posted: Mon Jun 23, 2014 09:18 pm Post Subject:
Beneficiaries of ERISA plans such as a 401(k) or 403(b) plans are normally governed by the language of the Summary Plan Description document. You have to know what that says. You don't indicate what state this is in either. Until you know what the SPD says about the beneficiary, it's too soon to say anything about a contested claim. Time is of the essence, and you need to act quickly. Contact the employer or the plan administrator for a copy of the SPD.
Posted: Tue Apr 07, 2015 12:19 am Post Subject: contesting annuity beneficaiary
was mums caregiver when diagnosed with dementia…had tom get surgeries and asked brother to look in on her while i was coping with hospital/surgery..in a 6 months he had mum change beneficiary from me to him, within a year following surgery he had not taken her to her doctor, nor had she had her medications for the dementia…can i contest the change of beneficiary due to her diagnoses and lack of medication my brother had previously been absent for 20+ years previous to me having to get surgery.. i live in michigan
Posted: Fri Apr 10, 2015 02:11 am Post Subject:
You can try
Posted: Fri May 22, 2015 07:36 pm Post Subject:
My father passed away last week. Just found out ex wife of 8 years is still listed as beneficiary on his retirement. Can i fight this?
Posted: Mon Apr 08, 2013 05:03 am Post Subject:
When did all of this happen? What documentation do you have of this "incapacitated" condition?
Posted: Mon Mar 03, 2014 07:06 pm Post Subject: dementia Dad
My Mom told me I was primary , the insurance company says it was my Dad . He has dementia and is in nursing home unable to even spell his name . Do I have grounds for a contest of this ?
Posted: Mon Mar 10, 2014 07:45 pm Post Subject:
My Mom told me I was primary , the insurance company says it was my Dad
Is this a new post, or are you the same person as "peacekeepers"? I can't tell what you are asking about.Does this concern your mother's life insurance or your father's? If your mother has died, and your father is the last named beneficiary, the life insurance proceeds are his. If he is incapacitated and in a long-term care facility, who is his conservator? That person will manage the money for him.
Is there anything to contest? Who knows? You have not posted enough information for anyone to do anything other than guess what it is you want to know.
Posted: Thu May 08, 2014 05:58 pm Post Subject: contesting a life insurance policy
My life in companion for over 20 years died suddenly and left no will. His estranged daughter is the administrator of his estate. I am listed on his life insurance policy as the only beneficiary, I just learned from the insurance policy that she is contesting the life insurance policy. I have no money to hire an attorney. How is this possible? What are the chances of her winning. I reside in Californian.
Posted: Thu May 08, 2014 07:55 pm Post Subject:
I just learned from the insurance policy that she is contesting the life insurance policy. I have no money to hire an attorney. How is this possible? What are the chances of her winning. I reside in Californian.
How is this possible? Anyone can file a competing claim. It's up to the insurance company to determine if a competing claim is valid or not. If it cannot make that determination, then the matter will be kicked to the federal court in what is called an "Interpleader" in which the insurance company says to the court, "We cannot figure this out, so here's the death benefit plus interest, minus our legal expenses, and you can sort out the facts and decide who gets the money."
Ordinarily, the courts will not overturn a legitimate beneficiary designation. Adults may name virtually anyone they choose as their beneficiary. In community property states, such as California, there can be some complications between spouses, but it does not appear to be involved in your situation.
As a California licensed Life & Disability Insurance Analyst, I am uniquely qualified to assist you in this matter. If it comes to needing legal assistance, that can be handled as well. Click on the email link below . . . "Send me your questions . . ." and provide more detailed information for me to evaluate.
Posted: Mon Jun 23, 2014 08:27 pm Post Subject: can you contest a 401k beneficiary in illinois?
my dad passed away this year, from 2000 until last year he change his 401k beneficiary to his partner, can we contest this?
Posted: Mon Jun 23, 2014 09:18 pm Post Subject:
Beneficiaries of ERISA plans such as a 401(k) or 403(b) plans are normally governed by the language of the Summary Plan Description document. You have to know what that says. You don't indicate what state this is in either. Until you know what the SPD says about the beneficiary, it's too soon to say anything about a contested claim. Time is of the essence, and you need to act quickly. Contact the employer or the plan administrator for a copy of the SPD.
Posted: Tue Apr 07, 2015 12:19 am Post Subject: contesting annuity beneficaiary
was mums caregiver when diagnosed with dementia…had tom get surgeries and asked brother to look in on her while i was coping with hospital/surgery..in a 6 months he had mum change beneficiary from me to him, within a year following surgery he had not taken her to her doctor, nor had she had her medications for the dementia…can i contest the change of beneficiary due to her diagnoses and lack of medication my brother had previously been absent for 20+ years previous to me having to get surgery.. i live in michigan
Posted: Fri Apr 10, 2015 02:11 am Post Subject:
You can try
Posted: Fri May 22, 2015 07:36 pm Post Subject:
My father passed away last week. Just found out ex wife of 8 years is still listed as beneficiary on his retirement. Can i fight this?
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