Accidental death and dismemberment insurance beneficiary question

[swa777]

What is the name of your state (only U.S. law)? VA

Hello experts... One year OR one-and-half years back, when my husband joined in one IT firm, he enrolled in AD&D insurance policy. He nominated his father as the beneficiary at that time because I was not married to him when he enrolled in policy. But very recently, I married to him in May-2011. Since, he married me in the month of May and expired in July, he never got a chance to update beneficiary name to me because no one can expect this kind of tragedy in life, that too with in two months after marriage.

So,legally, I am thinking, I should also be the beneficiary for his life insurance risk amount. If I produce marriage certificate and all legal documents needed, can insurance company consider me also a beneficiary and distribute amount to me also? I discussed with attorney's in my home country regarding this situation, and they confirmed me that my country's Life Insurance policy schemes will support me to consider as beneficiary because I am surviving spouse.

Please help me. I am in pain already with loss of my husband and now I need to have financial support.

If this is not the right forum, please direct me where should I post this question...What is the name of your state (only U.S. law)?

 

[OHRoadwarrior]

Not if he did not remove dad as the beneficiary. The country does not make these laws.

 

[cbg]

Please accept my condolences on the loss of your husband.

If this were a 401k or a 403b plan, then the law requires that a spouse be the beneficiary unless you give signed authorization for it to be otherwise.

However, this is not a 401k or a 403b, and in this country the surviving spouse is NOT automatically considered a beneficiary of a life insurance policy. The laws of your home country do not apply.

I truly do not mean this to be as harsh as I know it will sound, I really don't. But I have had employees who turned in change of beneficiary forms before the marriage even took place, or during the same week as the marriage. He had over a month, at the minimum, to make the change and he did not. I completely understand that changing life insurance policies is not the first thing on people's minds, but the insurance company is bound by contract to pay the named beneficiary, no matter what documentation you may supply.

You can certainly present your documentation to them and see what they say. But the law in the US does not support your position.

 

[anteater]

You need to check with his company to find out the terms of the policy.

I would say that it is unlikely that there is any of requirement that a spouse be the beneficiary in this type of policy. But there is no harm in inquiring.

 

[Betty]

Agree that it doesn't hurt to inquire but most likely the beneficiary of
any proceeds will go to the bene named in the policy.

 

[swa777]

Thanks to all of you, I will check with my late husband's company..

 

[Betty]

You're welcome. You have my sympathy on the death of your husband.