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Marie N | My ex husband died and left me beneficiary of his life insurance and my kids as contingent beneficiaries.? |
His daughter has contested this life insurance policy and Prudential is depositing the monies into court. She claims that I can't recieve the monies because I am divorced. But what about my kids? She says she was listed on the old beneficiary claim. Can they (Prudential and the courts)revert back to the old designation?
Thanks, |
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mbrcatz
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The divorce is irrelevant. She's wrong. The named beneficiary at the time of death gets the money.
Sure, she might have been the old beneficiary, but unless the designation changed AFTER his death, the one at the TIME of death sticks.
I'm actually surprised she found a lawyer willing to take this on. She must be paying him up front and out of pocket, because this is DEFINATELY a losing case for her.
If you do hire a lawyer, be sure to countersue her for legal fees. |
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joyceeleann
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what ever the last beneficiary was listed is the one who will get it related or not |
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Dr. Deth
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I agree - also does his will say anything about his daughter? |
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Wrong number
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Give her some of the money and she'll leave you alone. |
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Matthew V
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I am a bit amazed the life insurance company did not pay you right away. For life insurance, insurable interest must be demonstrated at the time of application, not at the time of claim. Life insurance death benefit proceeds are paid as a matter of contract and escape probate. Is it possible the life insurance application, which becomes a part of the policy, is being challenged? That is, is someone stating the decedent was not sane when he completed the application? Keep me posted on this issue. I think it's very interesting. If I remember, I am going to ask my claims department for their thoughts. No, I do not work for Prudential, sorry. |
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violentquaker
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If you're the primary, you'll get the money. Get a lawyer and make sure all the paperwork is filled out correctly. |
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mark
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The divorce should not affect his insurance. He should have changed it when the divorce occured. His will MAY be considered if he leaves conflicting instructions about the insurance.
It sounds like prudential is out of it , they have transferred funds to the court and the court wil determine who gets it. |
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kokopelli
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I don't think his daughter has a chance. Your husband had named you as beneficiary. Insureds can change beneficiaries, and just because his daughter doesn't like that does not change the fact that you were the beneficiary when he died. His daughter would be mistaken if her claim is based on the notion that the only one who can be a beneficiary is a spouse, which is really what she is saying. But she is not a spouse either. He could have named ANYONE as a beneficiary, it doesn't have to be a blood relative. (Taking out an insurance policy on someone other than yourself is a different matter; you need to have an insurable interest.) The fact that you were divorced should have no bearing at all. If he wanted to put his daughter back as a beneficiary, then he would have done so, but he was obviously more concerned about the well-being of the kids.
His daughter is just greedy, and she will lose. Prudential has satisfied the terms of the policy by paying the proceeds to the court since there is pending litigation. They are out of it and nothing is reverting back to his daughter. |
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aaron p
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The only way she could win this is if she shows that the beneficiary was never changed to you, the form was forged, or the owner (your husband) signed the form when he was not in his right mind. It's really immaterial who the original beneficiary was. As far as I know insurable interest isn't even contested after the policy is issued. |
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