death, divorce and beneficiaries

[Robert VanMeter]

kentucky,My Father and stepmother were married for over 20yrs and this situation is difficult to say the least.
My father being retired from G.E and on a pension plan went in to a nursing home in Sept.06 for falling at home and my stepmother said she could no longer take care of him if he could not stand on his own and go to the bathroom.
She had a durable power of attorney prepared and he signed in Oct,06 and she filed for bankruptcy in Nov,06 for medicare and Medicaid issues.
March 07 I stopped in KY to visit on my way to CO were I live and my stepmother gave me some small items from my father which I thought was kind of strange since he was still alive and ready to come home from the nursing home after completing his physical therapy.
She told me about the P.O.A and said I was The backup on it and I didn't think anything of it because they have been married for so long.
Aug, 07 my stepmother went in to the nursing home with her lawyer and asked my father for a divorce, stating she wanted to go and live her life and could not do so being married any longer to a husband in a nursing home.
My father and I (him in KY and me in CO)started to investigate the options and called G.E to tell them the circumstances about what had happened and they told us that I would be the responsible party but we needed to get a P.O.A to handle his affairs. (I had forgotten about hers)
G.E sent my father numerous (3) beneficiary forms which he filled out incorrectly (1 was mailed to G.E in Feb, 2008, 1 mailed to me that was notarized with a note stating he sent another to G.E and 1 that was in his personal papers at the nursing home).
We tried to find a lawyer at the time to assist him with limited funds and could not,
The one dad talked to said for my father to wait for the papers from her lawyer before doing anything and we tried to get help through the nursing home for the P.O.A, Will, Beneficiary papers,notary and a lawyer.
They told us that they could not fill out anything for him due to federal law.and so we waited.
Dad was in the hospital 6 times in 08 and most of it was just a rash or something minor and the nursing home had made me the responsible party and told me of every move.
Sept, 08 dad went in for pneumonia which was not unusual for him but when I called the hospital to check on him they told me that I needed to have a P.O.A since he was married.
I informed the hospital of the pending divorce and they didn't care as long as he was married at the time.
I called the nursing home and they to informed the hospital of his circumstances with his wife.
Dad went in again in Dec, 08 and I received a phone call from my stepmother (1st time in 12+ months) stating that my father was going to die and I needed to get there.
I called G.E to make sure everything was set up on there end and to my surprise it wasn't and they wouldn't talk to me.
Then I sent in the beneficiary form that dad had sent to me in Feb 08 and they said it was filled out wrong and unacceptable and over 6 months old after his death.
What can I do at this point?
My stepmother is taking everything and claiming the life insurance as well

 

[LdiJ]

If your stepmother was the beneficiary on the life insurance...that goes to her...same with the pension. In fact, I don't see how a pension could have gone to you. A 401k or an IRA can have a beneficiary, but a true pension either dies when the person dies, or continues on, on a more limited basis, for a spouse if that is how it was set up from the beginning. However other heirs cannot benefit from a true pension.

I realize that you know what your father wanted/intended to happen. However, if the paperwork didn't happen to make that official, or there wasn't a valid will, his wife will get anything that she was listed on as a beneficiary or joint owner, and there is nothing that you can do about that.

 

[Robert VanMeter]

My father and I thought the pension plan had a death benefit and not a separate life insurance policy and when he sent in his beneficiary change form
G.E replied with papers saying he needed to have his wife signature for ALL Benefits if she is not the primary beneficiary.
This is not true and my dad could have named anyone at anytime to be a beneficiary.
My father was mislead by G.E and do you think this would hold up in court?

 

[mistoffolees]

My father and I thought the pension plan had a death benefit and not a separate life insurance policy and when he sent in his beneficiary change form
G.E replied with papers saying he needed to have his wife signature for ALL Benefits if she is not the primary beneficiary.
This is not true and my dad could have named anyone at anytime to be a beneficiary.
My father was mislead by G.E and do you think this would hold up in court?

No. The documents (both the original plan and any changes made later) will list the terms of the plan and that's what GE will be bound by. "I didn't understand what they were saying" isn't a legal argument.