beneficiary dispute question

[heather22]

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

My mom had life insurance for several years and had my brother and I as beneficiaries.

She found out she had a mass on her lungs in May 2008, and her boyfriend of 3 years decided he wanted to marry her.

In June 2008 she added him to her policy to receive half, and my brother and I to receive the other half. She was diagnosed with lung cancer and the sicker she got the more excited he seemed to get. He even got a policy on her through his employment and even tried to increased it when she was told she had six months left.

My mom was sick of this and decided it was time to put the beneficiaries back to my brother and I. It took her about a month to get a change of beneficiary form from the insurance cause the guy over it was out of the office. She drove herself to a lawyers office and had a notary witness her signing the form and had it legally changed. She got this done in December 2008.

She developed double Pneumonia in March 2009 and her heart gave out. She was herself up till the end. She even signed a DNR the day before she died.

When she died her husband sent in a claim form saying she was not in her right mind when she changed it. Now the insurance company has turned it over to an interpleader and it may be going to court. I was just wondering how he can do all this with no proof.

Even my own Mom's doctor said she was in her right mind and he would say that she was. The insurance company asked us would we be willing to give the money to him and it not go to court. And I am confused to how he is getting this far and he has no proof. Any advice?What is the name of your state (only U.S. law)?

 

[anteater]

Insurance companies have brigades of attorneys. Apparently, her husband was able to raise enough uncertainty that the company wants the court to decide. There isn't much that you can do about that except to retain your own attorney.

 

[Dandy Don]

It is somewhat standard practice when there is a seeming dispute about who legally qualifies as beneficiary that an interpleader action takes place. The insurance company is being very irresponsible in doing so, but that's the way it goes.

You would be advised to find an attorney to help defend your interests in this matter, since it appears that you have stronger legal ground. You want to look for an attorney who specializes in "bad faith insurance" cases and/or interpleader actions, and maybe even a business law or civil law attorney who has experience in dealing with insurance companies would be willing to help.

Your attorney will also want to look at any medications your mother was taking to make sure that none of them caused side effects that might lead to dementia or affect her sound mindedness.

 

[HappyWanderer]

The insurance company doesn't care who they pay, they just know they have to pay. I don't think they'll spend more then a modicum of money or time in court. You need to get an attorney to defend your interests and file. Life insurance with more than one claimant (for whatever reasons) is the example used all over the internet. It seems exactly what interpleader is for. It's a way to force all the claimants to court at once to decide things once and for all.

 

[heather22]

thanks for all the responses, they really helped answer the questions that I had.