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Sole Beneficiary, law suit. Update and need help

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MtnsNC

Junior Member
What is the name of your state? What is the name of your state? NC

My mother is the sole beneficiary of my father's life insurance policy. They bought it together when they were married. They were married 25 years and then divorced in 1999. My mother was his 2nd wife. He has 2 children by his first wife. My father never remarried before his death. He died of natural causes recently.

My mom was notified the life insurance co that she was the sole beneficiary. Apparently this caused an uproar with his children from his first marriage ( they thought they were the beneficiaries along with my brother and I). My mom then got a letter from the life insurance co that there has been a protest agst the claim and the $$ will be held for 30 days. They will released it to the beneficiary listed unless legally stopped.

My mother found out that a law suit was filed. She called the life insurance co and they said that it will now goto the legal dept and some sort of inner counsel. They told her she didn't need a lawyer just yet.

My question is can the insurance co make a decision and give the money to the sole beneficiary. Basically, the beneficiary has never been changed. My father had 9 years post divorce to change it and he didn't. How long can this drag out and will we have to goto court. I guess I am wondering what the procedure is in a black and white case like this. Which stage can the law suit be dismissed?

My mother lost my father's pension with his death, so this $$ and ss is all she's got.

Update:

It has been 5 weeks since my mother filed her claim and she called the life insurance last week to find out the status. She has received no information in writing or phone except that they received her claim form. When my mother called, the claim examiner said she would leave a message for the legal dept( that my mother was inquiring about the status). Then she told my mother to call back in a month if she hasn't heard anything.

Is this normal practice to hear no info in now 6 weeks after a claim is filed? Should she inquire in writing? I wasn't sure how long a life insurance co. can hold the money without telling the sole beneficiary any info. All we know is that there is a lawsuit filed by the children of the first marriage.

Would appreciate any advice.
 


Dandy Don

Senior Member
Calm down--she can write a letter and send it by certified mail if she wishes AND she can wait for a response from the legal department which will probably come sooner than you think. Since this is now a legal matter you can not expect it to be resolved quickly as there are other cases to be heard in the same court. The siblings made it more difficult by filing a lawsuit, but too bad they don't have much chance of winning.
 

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