If the spouse now wants to settle the case quickly before going to court could it be looked at as an indication that the beneficiary forms the spouse filed are actually forged and he doesn't want that coming out in court? The spouse was threatening to go to court at the very beginning to be 100% beneficiary on everything but now that a lawyer is involved and things are actually being looked into the spouse wants to settle the issue quickly
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Beneficiary changed after death
- Thread starter ikillratz
- Start date
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PayrollHRGuy
Senior Member
You can look at it any way you want. The court won't take settlement offers or negotiations into account at all.
Shadowbunny
Queen of the Not-Rights
Or the spouse may not want to mess with a court case whilst grieving the loss of his wife.
Zigner
Senior Member, Non-Attorney
What crime?
Shadowbunny
Queen of the Not-Rights
Dandy, please don't add fuel to a non-existent fire. The OP only has suspicion that a signature was forged -- there is ZERO evidence. To start calling it a "crime" is premature and foolish.
LdiJ
Senior Member
While there may not be any evidence yet, the OP does have valid reasons for his suspicions.
In situations such as the one you are describing, where there are known conflicting claimants, no insurance company wants to risk paying the wrong person, and unless the claimants can agree to something among themselves, the insurance company (once it becomes aware of conflicting claims) will routinely file what is known as an interpleader action and deposit the money with the court and allow the court to decide who is entitled to the funds.It is then off the hook. Of course, if the insurer has already paid out the money to someone not entitled to the funds, the insurer can be sued by any person who claims s/he was entitled to it.
As to whether a beneficiary designation that comes into the insurance company or pension administrator AFTER the death of the person insured or covered dies is a more complicated question, and the answer typically depends on the precise facts, including when the change was received, the wording and terms of the policy or contract itself, as well as the laws of the jurisdiction involved. Such situations are often suspicious as insurers recognize the possibility that the signature on a change of beneficiary form may have been forged, or that even if the signature is genuine, that the person signing it may have lacked mental capacity at the time s/he signed due to the illness or medicines being taken, or been the result coercion and intimidation.
As to whether a beneficiary designation that comes into the insurance company or pension administrator AFTER the death of the person insured or covered dies is a more complicated question, and the answer typically depends on the precise facts, including when the change was received, the wording and terms of the policy or contract itself, as well as the laws of the jurisdiction involved. Such situations are often suspicious as insurers recognize the possibility that the signature on a change of beneficiary form may have been forged, or that even if the signature is genuine, that the person signing it may have lacked mental capacity at the time s/he signed due to the illness or medicines being taken, or been the result coercion and intimidation.
Ok so this situation got interesting. My mom got a lawyer for this. After back and forth with my uncle they agreed on a deal where my mom gets the life insurance and my uncle gets the retirement. My mom has to take lawyer fees out of her funds. The days after she signed the paper she received papers from the insurance showing after their own investigation they determined the beneficiary form my uncle submitted after my aunt died were forged and my mom is the rightful beneficiary. Can my mom use that paper to go after my uncle criminally for her lawyer fees and any other funds since he tried to fraudulently get the money that was rightfully my mom's?
quincy
Senior Member
Your mom should speak to her attorney. Agreements that are made that are based on misrepresentations or false assertions can be voidable. Your uncle could be criminally charged.
quincy
Senior Member
She cannot go after him criminally at all. Your mom could file a criminal complaint and the State would go after him if they decide to pursue charges.
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.
How would the state find out?
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