Beneficiary changed after death

[quincy]

How would the state find out?

Your mom would report your uncle to the police or to the prosecutor.

 

[ikillratz]

I don't believe the payout of the life insurance to your mother would be delayed if the deal she made with your uncle was unwound since the life insurance company determined that your mother was the beneficiary. The only question remaining is who gets the retirement funds, and your mother had written them off anyway so it would actually be to her advantage to get them in a few months, instead of never.

So, even though my mom signed a deal with the lawyer this judgement from the life insurance can void the deal and the insurance can give my mom the money directly? Does this mean she won't need to pay lawyer fees? The lawyer is comission based so he was going to get 25% of the deal/compromise my mom signed. If the insurance now determines she is the rightful beneficiary on their own, as they have, does she avoid the commission since the deal can be voided now?

 

[quincy]

So, even though my mom signed a deal with the lawyer this judgement from the life insurance can void the deal and the insurance can give my mom the money directly? Does this mean she won't need to pay lawyer fees? The lawyer is comission based so he was going to get 25% of the deal/compromise my mom signed. If the insurance now determines she is the rightful beneficiary on their own, as they have, does she avoid the commission since the deal can be voided now?

Your mom would be smart to ask her attorney all of her questions.

 

[ikillratz]

So, even though my mom signed a deal with the lawyer this judgement from the life insurance can void the deal and the insurance can give my mom the money directly? Does this mean she won't need to pay lawyer fees? The lawyer is comission based so he was going to get 25% of the deal/compromise my mom signed. If the insurance now determines she is the rightful beneficiary on their own, as they have, does she avoid the commission since the deal can be voided now?

I don't believe the payout of the life insurance to your mother would be delayed if the deal she made with your uncle was unwound since the life insurance company determined that your mother was the beneficiary. The only question remaining is who gets the retirement funds, and your mother had written them off anyway so it would actually be to her advantage to get them in a few months, instead of never.

So your saying essentially the agreement my mom signed with her lawyer regarding my uncle can be undone now due to the insurance companies determination? Does this mean the insurance company can give my mom the funds directly without going through the lawyer?

 

[quincy]

So your saying essentially the agreement my mom signed with her lawyer regarding my uncle can be undone now due to the insurance companies determination? Does this mean the insurance company can give my mom the funds directly without going through the lawyer?

Your mom will have to review her attorney contract.

The agreement with the uncle should be voidable.

She really needs to speak to her lawyer.

 

[ikillratz]

If this fraudulent beneficiary form is brought to the district attorney's attention could my mom possibly get her lawyer fees back in a criminal case if the prosecutor decides to go after my uncle criminally for the insurance fraud, maybe something like instead of jail time he pays my mom the lawyer fees or something like that? Not really sure how it would go in a criminal fraud case. Also, the letter the insurance sent my mom informing her of the fraud and that she is the rightful beneficiary was dated 2 days before my mom signed the agreement with my uncle. Is the date of the notification from the insurance the grounds to say the understanding of the agreement was voided when my mom signed the papers?

Thanks for all the advice from everyone also, my family really appreciates it.

 

[quincy]

Fraudulent misrepresentation:
https://www.law.cornell.edu/wex/fraudulent_misrepresentation
Fraud: https://criminal-law.freeadvice.com/criminal-law/white_collar_crimes/fraud.htm

The payment of attorney fees generally fall to the person who hired the attorney.

 

[not2cleverRed]

If this fraudulent beneficiary form is brought to the district attorney's attention could my mom possibly get her lawyer fees back in a criminal case if the prosecutor decides to go after my uncle criminally for the insurance fraud, maybe something like instead of jail time he pays my mom the lawyer fees or something like that? Not really sure how it would go in a criminal fraud case. Also, the letter the insurance sent my mom informing her of the fraud and that she is the rightful beneficiary was dated 2 days before my mom signed the agreement with my uncle. Is the date of the notification from the insurance the grounds to say the understanding of the agreement was voided when my mom signed the papers?

Thanks for all the advice from everyone also, my family really appreciates it.

I suspect he would have to first be found guilty of fraud.

Then, after he is found guilty, if this is not addressed in the penalty phase, she would have the option of a civil suit.

 

[quincy]

I suspect he would have to first be found guilty of fraud.

Then, after he is found guilty, if this is not addressed in the penalty phase, she would have the option of a civil suit.

The mom could file a civil suit before there is a criminal action, or even if there is no criminal action, but it can help the plaintiff in a civil suit if the defendant is found guilty in a criminal action first.

 

[ikillratz]

Got some additional information. A letter from the retirement company came and said my aunt's 403B plan was governed by ERISA and under that my uncle gets all the retirement fund unless my uncle signed off on a different beneficiary form, which he didn't. I thought ERISA only guaranteed the spouse got 50% of the funds not 100% of them. Am I wrong on this?

 

[ShyCat]

Got some additional information. A letter from the retirement company came and said my aunt's 403B plan was governed by ERISA and under that my uncle gets all the retirement fund unless my uncle signed off on a different beneficiary form, which he didn't. I thought ERISA only guaranteed the spouse got 50% of the funds not 100% of them. Am I wrong on this?

Yes.

 

[ikillratz]

Yes.

Yes? Can you elaborate?

 

[ShyCat]

Yes? Can you elaborate?

Yes, you thought wrong. A spouse is entitled to 100% unless that spouse signed a waiver.

 

[ikillratz]

Yes, you thought wrong. A spouse is entitled to 100% unless that spouse signed a waiver.

When is the spouse only entitled to 50% automatically? I know I have read that somewhere.

 

[Taxing Matters]

When is the spouse only entitled to 50% automatically? I know I have read that somewhere.

It depends on the type of plan that the plan participant has.