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BlueEyedWoman000 | Legal rights for life insurance? |
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?
Additional Details
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. |
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mbrcatz
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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. |
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insuranceguytx
 |
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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acermill
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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. |
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shelcom
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You have ZERO chance. His mother is the beneficiary, period. You have NO legal claim to anything here. |
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Tomk
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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. |
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Christie
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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. |
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aaron p
 |
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 |
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Zijuzijazijana
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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. |
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Silver Tongue
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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 |
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