Beneficiary changed after death

[kimapoul1]

What is the name of your state? MA

My Dad passed away on 3-14-07. He had 3 life insurance policies. My Mom was named beneficiary. On 3-28-07, the insurance company informed us that they just recieved a change of benificiary to my dads new wife which was dated 11-17-06. We think this change was forged. What can we do? Plus it was recieved after his death so he did not willingly turn in this form.

 

[moburkes]

What is the name of your state? MA

My Dad passed away on 3-14-07. He had 3 life insurance policies. My Mom was named beneficiary. On 3-28-07, the insurance company informed us that they just recieved a change of benificiary to my dads new wife which was dated 11-17-06. We think this change was forged. What can we do? Plus it was recieved after his death so he did not willingly turn in this form.

Just because they received it after his death doesn't mean that it wasn't executed prior to his death. However, since it was received after his death, they will do an investigation to make sure that it is valid. You can't assume that he didn't willingly turn it in, if he willingly signed it back in November. I've "meant" to mail things, but they've gotten misplaced, and were turned it late. It happens.

Considering that your parents were divorced (since he was married to another person at the time of his death), he probably didn't mean to have his ex-wife as beneficiary.

I know - none of this is what you wanted to hear.

Sorry about your loss.

 

[Betty]

Ins. companies have to consider all claims submitted for payment of the policy proceeds. As moburkes indicated, they will do an investigation - as one part of reviewing the claim, they normally check the signature on any change form to the signature on the application to see if it looks like the same person (the insured) signed both forms. I, too, am sorry for your loss.

 

[Dandy Don]

Talk to a business law attorney or civil law attorney who has experience with interpleader actions in dealing with insurance companies. The form may have been legitimately filled out and submitted by your father, but there is also a chance, as you say, that wifey forged the document or possibly got power of attorney to try to submit the change herself (which may possibly be illegal depending on your state law). The insurance company may not tell you all of the details about the form that you would rightfully want to know, thus your attorney can advise you if it would be worth the effort to file an interpleader action with the insurance company so that your side can find out all of the details about this matter to put the insurance company on notice that this matter may need to go to court to be decided.

DANDY DON IN OKLAHOMA ([email protected])