by BULLITBOB » Sun Nov 29, 2009 01:20 am
I had a sister that passed away some time ago. She made a benificiary change but was unable to mail it back to the insurance company. She passed away before she could put it in the mail. The form is signed and dated and the insurance company knew she was going to make a change. Do i have any recourse?
Posted: Sun Nov 29, 2009 11:40 am Post Subject:
First off sorry about your sis..secondly 'recourse' about what? Did she change it to you? From whom? if she passed some time ago, have you not brought this beneficary change to the insurance companys attention? If so what is their stance? Why would she change her beneficiary, (literally) on her death bed?
Posted: Sun Nov 29, 2009 04:01 pm Post Subject: Question
She changed it to me. And it was not on her death bed. She had a heartattack which was unexpected. She passed away in June. So again, dio I have any recourse with the insurance company being that she was not able to mail the change form to the insurance company.
Posted: Sun Nov 29, 2009 04:32 pm Post Subject:
Was she on her way to the mailbox when she had this heart attack?
I don't mean to be callous, but the problem is that if she didn't mail the form, unless the insurance company can read minds, they have no way of knowing if she was going to actually go through with the beneficiary change.
Posted: Sun Nov 29, 2009 09:14 pm Post Subject: Are you serious with this reply
What difference does it make where she had it. Obviously you do not know the answer. She signed the form before she died so she must have intended to make the change. Thanks for no help
Posted: Sun Nov 29, 2009 09:18 pm Post Subject:
A few questions OP - is the form signed dated and ready to go? If so, whether she actually got to the mail box or not may not be the biggest issue, what I expect you will need to establish is a demonstrable intent.
You mentioned this was some time ago - how long? Was this form only recently discovered?
Whats happened with the life insurance so far? has someone been paid out?
Posted: Sun Nov 29, 2009 11:27 pm Post Subject:
What difference does it make where she had it. Obviously you do not know the answer. She signed the form before she died so she must have intended to make the change. Thanks for no help
Intent doesn't really matter. There are lots of things in life that we intend to do. Insurance is a contract. Intending to change a contract does not make it changed. It must be received by the insurance company.
It has to be this way. Plenty of people sign beneficiary change forms and then change their minds and don't send them to the company.
If we give you an incorrect answer that you like, would that make you happy?
Maybe, just maybe, you might have something if mailing the form was an impossibility. Did she die the same day as signing the form?
Posted: Mon Nov 30, 2009 12:06 pm Post Subject:
IMO, there is going to be a big difference in the time that elapsed from the time she signed and dated the form and the time of her death...I've asked you the same questions..she's been gone nearly six months..who was the prior beneficary, and what has happened thus far to the policy? How did you know she changed it? Where you there when she signed it? Did anyone else know about it?
Posted: Mon Nov 30, 2009 05:02 pm Post Subject:
This is a dubious incident. When a person signs and dates a beneficiary change form, the proof of their intent is if they put it in an envelope with postage and put it in the mail. That they did not do so is probably proof that they never intended to make the change.
If the named beneficary has predeceased the insured, perhaps -- and again that's a longshot -- there could a showing of intent to change it, but without the sealed, postage-paid, AND postmarked envelope, even Judge Judy would not be likely to find evidence of the decedent's intent.
If a death claim has been paid, the only recourse at this late stage would be against the beneficiary who actually received the death benefit proceeds. Suing the insurer is a lost cause (i.e., summary judgment for the defendant) unless you could prove that they knew about the beneficiary change and intentionally ignored it. You've already state otherwise.
Sorry, but there is no case against the insurer here.
Posted: Mon Nov 30, 2009 10:30 pm Post Subject:
When a person signs and dates a beneficiary change form, the proof of their intent is if they put it in an envelope with postage and put it in the mail
THANK YOU!Posted: Tue Dec 01, 2009 01:49 am Post Subject: BENIFICIARY
I DON'T want to sue. I just want them to pay off the policy. If she notified the company and they did respond to the request, so they knew of her intent, that is perectly clear. I have their response in writing to her request. The company has not contacted the previous beneficiary. I filed the claim as the sole surving relative and to this date have not received a response. How can you mail it if you died before you can make it to the post office? And no, you have not helped me so far
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