My late husband beleived that I was the beneficiary of his life insurance. I REMEMBER early in our marriage that we both changed our beneficiaries to each other. He told others that I was the beneficiary.
However, after he died I discovered that the insurance company had his mother as the beneficiary. She has made it very clear that I will not see a penny of it. I cannot find the documentation that indicates that I was the beneficiary. I know that as a general rule one cannot successfully contest the life insurance beneficiary. Under these circumstances do I have any hope of successfully suing for the money?
2007-08-05 02:03:35 · 10 answers · asked by BlueEyedWoman000 2 in Business & Finance ➔ Insurance
Point for clarification. The insurance company has no record of me ever being the beneficiary. I personally witnessed him signing the form and faxing it into the company. The insurance company screwed up.
2007-08-05 02:58:41 · update #1
No, you have no rights, and not much hope of winning.
The problem is, WHO OWNED THE POLICY? If his MOTHER owned the policy, HE has no right to change the beneficiary! Which is likely the situation here. He can write as many letters as he wants, but it's HER policy (yes, on his life), so SHE controls it.
The marriage/spousal thing has NOTHING to do with it. His WILL has NOTHING to do with it. It's a seperate transaction.
Sorry about your double loss.
2007-08-05 11:52:56 · answer #1 · answered by Anonymous 7 · 0⤊ 1⤋
You should be able to get a copy of the most recent beneficiary designation form. It would show his signature and the date he signed the form. I am assuming you know the approximate date that your husband changed the policy and made you the beneficiary? If the form has a more recent date on it, then you know that he changed the beneficiary sometime later.
2007-08-06 03:13:27 · answer #2 · answered by Christie 4 · 0⤊ 0⤋
If the insurer has his mother as the beneficiary, you're not in a good position, UNLESS you can find good legal documentation dated prior to your husband's death which changed that. Changing a beneficiary with an insurer requires the insured's notarized and dated signature on the appropriate form.
If you don't have this available, I'm sorry to tell you that your wicked mother-in-law will prevail. The insurer has no choice but to give it to her.
Your chances of prevailing in court are close to zero, without any documentation.
2007-08-05 02:18:29 · answer #3 · answered by acermill 7 · 1⤊ 0⤋
You have a long hard road ahead of you if you want to claim the benefits. Start by locating the change of beneficiary form and hiring a lawyer.
Without the form, you will have a tough time proving that you are the beneficiary.
One more reason for regular reviews of your insurance coverage.
Good Luck
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2007-08-05 08:53:00 · answer #4 · answered by insuranceguytx 5 · 2⤊ 0⤋
Only if you can show that the beneficiary form was forged or he was not in his right mind when he signed it. Other than that, life insurance proceeds are passed by contract. Your marriage has nothing to do with it
2007-08-05 02:34:27 · answer #5 · answered by aaron p 5 · 1⤊ 1⤋
I'm so sorry that happened to you. Mom gets the money. "Intention" has nothing to do with it, her name is on the beneficiary form.
2007-08-06 15:30:36 · answer #6 · answered by Let me steer you 7 · 0⤊ 0⤋
You have ZERO chance. His mother is the beneficiary, period. You have NO legal claim to anything here.
2007-08-05 02:15:08 · answer #7 · answered by Anonymous · 1⤊ 0⤋
in the event that they took it out on you on an identical time as you have been a minor, there is not any longer a darned element you're able to do approximately it. as quickly as you're no longer a minor, you DO have a criminal suitable to ascertain - you do this, by ability of paying $seventy 5 to the medical guidance Bureau, to get a record on any existence coverage purposes won on your existence, interior the previous 15 years. yet you nevertheless can not do something approximately it. Your discern owns the coverage, perpetually. era.
2016-10-01 10:50:56 · answer #8 · answered by ? 4 · 0⤊ 0⤋
Sure you do have a chance but it may take a long time.There is a lot of dishonest people everywere even in insurence business.It looks like someone from insurance company could take bribe from his mom to change the beneficiary.I have myself some unclaimed benefits from insurance company but documents were stolen,so I'm going through hell to get it.In my case it looks like insurance people made it dissapeare.
2007-08-05 02:23:32 · answer #9 · answered by Zijuzijazijana 2 · 0⤊ 4⤋
I would think the answer is yes, you were married and this as obviously a mistake on the side of the insurance company, you should sue them due to the fact that you are losing income due to their error
2007-08-05 02:21:02 · answer #10 · answered by Anonymous · 0⤊ 6⤋