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Can claim be overridden

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ScLdyRebel

Junior Member
What is the name of your state (only U.S. law)? SC
My mother died in 2004. She left our stepfather 2 1/2 acres and house. He was to leave it to our kids when he died. 2006 he takes up with new woman who is still married to someone else. 2011, November, he was diagnosed with cancer. On Dec 9th he went to a lawyer and signed a new will and I'm assuming put in the change beneficiaries on life ins. He died Dec 12th. His new will cut us out of everything my mom had left him. (He had Nothing) except what she gave him. His new will left everything to this woman who is still married to her husband of about 25 years. His will lists her as his fiance'. The life ins. company sent me a claim form and said I was the bene of a $25k policy. I sent in all forms 3 weeks ago but have heard nothing since. I'm sure they were mailing in forms to change life ins. Can it still be changed now that he's dead? I'm guessing the forms didn't get there before he died 2 days later. Can post dated bene change forms cause me to not get the ins.? Since he was a step father, I'm guessing if we contested the will, his sisters would then inherit? or would they look at his first will? thank you!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


Betty

Senior Member
What is the name of your state (only U.S. law)? SC
My mother died in 2004. She left our stepfather 2 1/2 acres and house. He was to leave it to our kids when he died. 2006 he takes up with new woman who is still married to someone else. 2011, November, he was diagnosed with cancer. On Dec 9th he went to a lawyer and signed a new will and I'm assuming put in the change beneficiaries on life ins. He died Dec 12th. His new will cut us out of everything my mom had left him. (He had Nothing) except what she gave him. His new will left everything to this woman who is still married to her husband of about 25 years. His will lists her as his fiance'. The life ins. company sent me a claim form and said I was the bene of a $25k policy. I sent in all forms 3 weeks ago but have heard nothing since. I'm sure they were mailing in forms to change life ins. Can it still be changed now that he's dead? I'm guessing the forms didn't get there before he died 2 days later. Can post dated bene change forms cause me to not get the ins.? Since he was a step father, I'm guessing if we contested the will, his sisters would then inherit? or would they look at his first will? thank you!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
Sometimes it takes a while to handle a claim - you may still receive the 25k policy proceeds. You could call the ins. co. & ask for an update on payment. "If" there was a change of beneficiary form signed & dated before death, it would be acceptable no matter when it got to the ins. co.

The estate assets are distributed as per Stepfathers most current will.

A person is entitled to change his bene on life ins. & to change his will.

Did your Mother have a will that said the 2 1/2 acres & house were to go to your Stepfather but at his death go to your children? If not, I don't see where you/your kids have any type of case to contest any "payments." (unless Stepfather wasn't competent at the time he made any changes)
 
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