by Dorothy3167 » Mon Dec 07, 2009 10:22 pm
Is the beneficiary obligated to pay for the person who left the policy funeral? She only wants to pay a certain amount and the policy is well over the amount to cover it. The person died before Thanksgiving Day. Can the policy be contested if another person was beneficary #1 but once the deceased got ill it was changed to another person?
Posted: Mon Dec 07, 2009 11:31 pm Post Subject:
The person in charge of the estate is responsible for the person's outstanding matters. Who ever makes arrangement for the funeral is responsible for that bill. If this is the same person or different people, that information is still correct.
As far as disputing the will, that is a legal question.
Posted: Wed Dec 09, 2009 12:37 pm Post Subject:
If we're talking about a life insurance policy, in the absence of fraud, the insurer's responsibility is to pay the proceeds to the named beneficiary who can do with the money as they please. It's their money.
If you believe someone fraudulently changed the beneficiary on a life policy, you can report that with your evidence to the insurer, and you can get your state department of insurance involved, too.
Posted: Thu Dec 10, 2009 05:47 pm Post Subject: insurance
It would difficult to prove that Fraud had occured, I would think. Did I misunderstand you, OP, when you said that the Beneficiary was changed AFTER the death? How can that happen when the 'policy owner' is the only one that can change it?
Posted: Thu Dec 10, 2009 11:40 pm Post Subject:
It is not possible to change the beneficiary after the death of the insured.
But a change of beneficiary made just days before the death of the insured is valid even though it might not reach the insurer prior to the insured's death.
Fraud could occur if someone not the owner was attempting to change the beneficiary, or if the owner was under duress or incompetent to make the change.
Changes to beneficiaries shortly before the insured's death are often given much greater scrutiny for these reasons. An insurer can rightly justify not paying the death claim as quickly as it normally would in such a case to give itself time to make sure that they write the check(s) to the proper person(s). Because once the money is out the door, they have no control over it.
Posted: Thu Dec 10, 2009 11:45 pm Post Subject: insurance
or if the owner was under duress or incompetent to make the change
I would think this would have to be proven, somehow. I wouldn't know how, though, if the policy owner was already deceased. The sad part about ANY Life Insurance (property, money, etc) can bring out the 'evil' in family. I have seen it TOO many times with 'Clients' that I work with.Posted: Fri Dec 11, 2009 01:20 am Post Subject:
Yes, of course, it's not easy to prove, and it does happen occasionally.
And as you say, when money is involved, it can bring out the worst in a family. Not to mention others that seem to crawl out of the woodwork with their claims that the decedent owed them some.
Posted: Fri Dec 11, 2009 01:26 am Post Subject: life insurance
[quote]Not to mention others that seem to crawl out of the woodwork with their claims that the decedent owed them some.
OH MY YES!! I took care of a 'Client' who passed away a few months ago. She lived in a Senior Citizens type place. I took care of her for 2 years (she was really sweet!!). This 'Client' REALLY liked a neighbor of hers. She would constantly ask the neighbor to come to dinner, visit, etc. The neighbor always seemed too busy to do such a thing!! The neighbor, at one time, had told me "I don't wanna be bothered with her." When the 'Client' passed away, that neighbor was the first one to say "she owes me money, I took care of her,"..etc.
Posted: Fri Jan 21, 2011 11:15 pm Post Subject: beneficiary
My mother stated that she wanted eveything divided among all of her children this is what was stated. she changed the beneficiary to that person who is in the process of doing what was requested . Siblings dispute that she was under duress which was not true. it has been moved to civil court because of multiple claims. The siblings claming the dispute states it was suppose to be theirs with no division.
Posted: Sat Jan 22, 2011 08:12 pm Post Subject:
And what would you like to know? Was the money paid to a named beneficiary, a trust, or to your mother's estate?
If it was paid to anyone by name . . . it's their money and even the civil court will probably be powerless to force them to divide it if they choose not to.
Posted: Fri Jan 28, 2011 03:04 pm Post Subject:
What kind of ailment are we talking about in here? A kind of ailment where it is possible the ill person was forced to sign or affix his thumbmark on a document?
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