life insurance...beneficiary

[bellalinda92]

What is the name of your state? Connecticut

I was named beneficiary on my fathers policy over 20 years ago...(after my mothers passing....I found this out)....

My father passed away this past Jan....When I tried to file a claim....I was told that my BROTHER was beneficiary...he had my father put his name on the policy about 2 years before he died...(my father was very ill at the time ...brother took advantage of that)

Now.....heres the question.....Nobody knows where my brother is located.....what happens to the insurance?....How long will they look for him....if they cant find him do I have a claim?

 

[mykoleary]

What is the name of your state? Connecticut

I was named beneficiary on my fathers policy over 20 years ago...(after my mothers passing....I found this out)....

My father passed away this past Jan....When I tried to file a claim....I was told that my BROTHER was beneficiary...he had my father put his name on the policy about 2 years before he died...(my father was very ill at the time ...brother took advantage of that)

Now.....heres the question.....Nobody knows where my brother is located.....what happens to the insurance?....How long will they look for him....if they cant find him do I have a claim?

The insurance company will not look for him at all. They're not going to fork over money to someone who has not filed a claim. WHen he DOES claim, they will know where he is.

As things stand, you have no claim to the insurance monies whether or not they find your brother.

However, you may have a case that your father was not of fit mind at the time, but that is nothing we can make any judegement on w/o a lengthy discussion.

I suggest you seek local council to help you if you desire...

 

[Dandy Don]

Insurance company probably will not make much of an effort to locate him, although they could afford to if they wanted to--they are glad because they consider it money they can keep for themselves!

You might have a civil case if you wanted to sue your brother in court for undue influence, if you could get medical records proving that your father was on medication or under the influence of mind-altering medications during the time that he signed the document designating brother as beneficiary, and there also might be other things wrong with the document designating your brother as beneficiary (forged signature, incorrect number of witnesses, etc.) that might work in your favor, but can you afford right now to pay a few thousand dollars to an attorney to bring such a suit?

If you know your brother's date of birth and/or SSN, you may want to pay $50-$100 to a private investigator to have him located to inform him of this money and hope that he will be sympathetic enough to give some of it to you.

 

[Bigfoot]

Since the original document wasn't changed, it's probable that your father signed a Change of Beneficiary form. This is the point where you want to see an actual copy of the form, to ensure that (as Don says) the signatures are correct and if the proper witnesses were present. Without seeing it, it's possible that YOU could have been listed as a witness.

If your brother is found to be incapacitated (or imprisoned), you may want to see if the benefits then flow to the next of kin.