life insurance beneficiary contestment

[kritacca]

What is the name of your state?Wisconsin

Ok I was listed as half the beneficiary for a life insurance policy from my boyfriend. His son was the other half. My boyfriend committed suicide. I got my half ect. His daughters who are over 20 wanted me to split the money with them. I said I wouldn't but never said I wouldn't give them any. 3 mths after the fact I see through PROBATE they are contesting the money that was given to me. THey have accused me of changing the beneficiary. My boyfriend gave me access into the website for Chysler and I had printed out sick payments and tried to print out the beneficiaries so he could send it to his son after he changed it. I didn't change it. They also are saying he was not in his right mind when he changed it. He was sober at the time of changing it. I don't have the mone. So what are the chances in court it will be overturned, and if I don't have the money how will I pay it to them. I just want to cover my basis as the courts don't always do the right thing.

 

[Dandy Don]

They will not win--you will. Life insurance money passes outside of probate and probate has no jurisdiction over this at all. You may want to consider getting an attorney if you don't already have one to at least provide your defense in court and this may even get thrown out.

If they have nothing proving you changed the beneficiary, then there is no case. They are just greedy and uninformed.

 

[kritacca]

Life insurance contestment. Other part

Wisconsin

IF they can't prove i changed it what about them saying he wasn't in his right mind when he did change it??? That's the other option I see them coming after me???l

 

[Dandy Don]

Please stop worrying. They most likely don't have a mental competency test from a physician that shows whether he was mentally competent or not. Bottom line is, no matter what they argue, life insurance never belongs in probate so no matter what they say they will lose. Probate is not even a factor here and they were stupid to take you to court over it--the ignoramuses.

 

[kritacca]

wisconsin I talked to attorney and they said they would have to sue me in a civil suit to say I changed the beneficiary. SO yes they can do me .THey opened up a estate so after they sue me they will put the money in the estate and give to who they think should have it.THey have to have proof and that's what worries me as I talked to the benefits rep and she said if I had a the password adn ID then it could have been changed. I told her I didn't and if they could prove how it was changed and if he called and changed the beneficiary then they can prove that. So I want to know if anyone knows about beneficiaries being sued for the money and loosing. The other part is if they claim he wasn't 'in his right mind they would have to come after the insurance company or work place correct??? Cause i didn't have anything to do with that either.

 

[justalayman]

First, they don't get to give the money to "who they think should have it'

probate is controlled by laws and rules regarding the disbursemnet of the estate,

next, they cannot get the money unless 1. you give it to them or; 2. they sue you and WIN. So don't give them the money and when/if they sue you, deal with that then.

For them to win they will have to have more than just that you had the ability to change it, if you even had this. Even if you could have changed it does not automatically make it true. The sisters would have to show more than just the ability.

 

[Dandy Don]

So why don't you ask the attorney that you've already talked to to provide case law on this issue to prove what he is saying.

 

[kritacca]

I am not arguing, I just am asking about two different things. About if they come after me for changing the beneficiary which I didn't and if they try saying he wasn't in his right mind. WOULD they come after me or the place of employment?

I have been through the courts and you can infer anything you want. THey need proof that I changed it then ,then you are saying then even though I had access that is not proof??

He was seeing doctors for alcoholism and depression , but during the time he changed it , he was released to go back to work , and that is when he changed it so not sure. I guess after all I have been through I just think the worse possible situation will happen.

 

[justalayman]

About if they come after me for changing the beneficiary which I didn't and if they try saying he wasn't in his right mind. WOULD they come after me or the place of employment?

They would have to have some proof other than saying "he was nuts". My kids tell me that all the time.

THey need proof that I changed it then ,then you are saying then even though I had access that is not proof??

Just having the ability to do something does not show proof that you did do something. It helps their case along but is not definitive.

He was seeing doctors for alcoholism and depression , but during the time he changed it , he was released to go back to work , and that is when he changed it so not sure.

This fits a very large part of our society right now. If the docs released him to go to work, it would help you. They felt he was safe and sane enough to be on the streets. Here again, nothing definitive but helps you.

 

[Harley2005]

I am being sued for the very same thing......in Wisconsin as well. Its been going on for over a year now.

 

[Bigfoot]

Life Insurance Beneficiary Contestment

A policy change can only be done by the owner. Clearly he was the owner. There are usually special forms that the company requires to be signed by the owner for any change in the policy. If you had tried to change anything, the company would have ignored it, not only because you're not the owner, but also because your signature wouldn't have matched.

I'm sorry for your loss. But on the bright side, you're fortunate. I've rarely heard of a life insurance policy paying proceeds to the beneficiary when the insured commits suicide.

 

[kNOwtheLAW]

I'm sorry for your loss. But on the bright side, you're fortunate. I've rarely heard of a life insurance policy paying proceeds to the beneficiary when the insured commits suicide.

Most states require a 'suicide clause' that would only permit the insurance carrier to reject the claim if incurred within the first two years of the policy effective date. After that the insurer is required to pay the policy's full face value.

KTL

 

[ALawyer]

Anyone can file suit. The outcome depends on what the facts are, what facts can be proven, and the law. Cases like this are easy to threaten but expensiveto bring and difficult to win.

Litigation is expensive. If the daughters sue they undoubtedly would need a lawyer and that means they'd have to pay a lawyer to sue you as absent lots of money and confidence any judgment that they got would be paid, few if any lawyers would take on a case like this on a contingency unless they are sure you'd fold and pay up.

If they sue, you need to get a lawyer. That could be expensive for you. At that time you will have to decide if it is cheaper to make a settlement with them and save more legal expense, or fight. They have the same choice.

 

[Betty]

Most states require a 'suicide clause' that would only permit the insurance carrier to reject the claim if incurred within the first two years of the policy effective date. After that the insurer is required to pay the policy's full face value.

KTL

I agree. The ins. co. I worked for their policies had a 2 yr. contestable clause re suicide where claim would be rejected for suicide in first 2 yrs. after pol. eff. date. After the 2 yrs. were up, full benefits would be payable. Most all policies have a suicide contestable clause for 2 yrs.