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JaneStClaire | Mom didn't sign her life insurance policy. Insurance company reverting to old one. Can I sue? |
She worked for the federal government and was very sick when she made her beneficiaries. Now they are saying that it is not valid and will pay from an old policy. They are having us fill out a form stating that we don't contest it even though we do. We are fearful that one sister named will not do the right thing and split is as our mother intended. Any answers are appreciated. |
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Tom Z
 |
From what I gather from your question when you say the "old policy" I think you mean the original beneficiary designation and that the more recent beneficiary change is not being recognized as valid.
It's not a question of the death benefit not being paid it's a question of who the death benefit is going to be paid to. You need a lawyer's advice because you will have to prove what your mother's intention was before she passed away.
If she submitted the beneficiary change to the company but merely forgot to sign it perhaps you have a case. On the other hand if she told you that she was going to change the beneficiary designation but never got around to sending it in you are probably out of luck. |
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Angie
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You need a lawyer. If this is not something you want to do, then don't sign anything until you get some good professional advise.
Here's a question for the insurance company -- did she pay more for the newer policy that is not going to get paid out? If so, then at the very least they owe you a refund for any additional premiums that were paid. |
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Mr. Prefect
|
Do not sign anything. Get a lawyer first. If your mom didn't sign this document, "and paid premiums", then the insurance company is responsible, as they approved it.
If it was never placed in effect, since it was not signed, you may have a problem, but talk to a professional first. |
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Expert Realtor
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You don't have to sign anything if you don't want to. Remember that. |
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mbrcatz
|
OK, if she had previously designated that sister as sole beneficiary, and the forms are filled out correctly, then she incorrectly filled out a change of beneficiary form and didn't sign it, of COURSE the original beneficiary clause stands.
If the policy doesn't have the beneficiaries properly designated, the policy should pay her estate. Then it goes to pay all her bills, and any leftover will be distributed according to her will, if she had it, or state law.
"Intentions" mean NOTHING. All that counts, is who is named on the beneficiary clause. If all the money is to go to one sister, then it's HER MONEY. She doesn't HAVE to share it.
What your mother TOLD you, could have been meant to appease you and avoid a fight with you. What she did in writing is what counts. Sorry.
Don't let money (or the lack of you getting any) ruin the relationship with your sister. |
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aaron p
 |
You need a lawyer. It sounds like if she was so sick she forgot to sign it, perhaps she was not even lucid. If that was the case, it would not be valid even if she did sign it.
Do not sign a form stating you do not contest the beneficiary until you talk to a lawyer or three. |
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