My mother died in Oct. her insurance policy was to go to my brother. She wrote his name on the beneficary form

Question

and signed it but didn't date it. Since she didn't date it the 50,000 went to my step father. When this was explained to my brother and stepfather at my mother's employer my step father told my brother that he would give him the money once he received it. GUESS WHAT... Last week my step father recieved the check then told my brother that he will not be giving it to him. A ****** gave him some bs reason why. Can my brother fight this in any way w/ the insurance company or the ******? Any ideas?

Answer 1

Did she actually submit the signed change of beneficiary to the insurance company. When that is done the insurance company acknowldges the change. If you had that acknowledgment the insurance company would have paid the new beneficiary.

But if she just signed the change form and never sent it in to the company I don't think you "have a leg to stand on". I think an attorney would verify that an undated change of beneficiary that was never sent to the company is a dead end.

Answer 2

Clearly, she ALSO didn't send it in to the insurance company. See, SHE can't "bind" any changes to the company. Legally, whatever she sent in, is what is. She can't change the beneficiary without notifying the insurance company, just by filling out the form and signing it. That form is just a REQUEST to change the policy - she would send it in, the insurance company would type out a "rider" to the policy changing the beneficiary, and mail a copy to her, THEN it's part of the policy.

Your brother doesn't have a leg to stand on. The money belongs to her husband. Period.

Answer 3

Attorneys love situations like this.Better get one. Better late than never,.,