Can this policy be challenged?

[Tamara1014]

I live in michigan. My brother passed and was living in Texas. I was named as his beneficiary for his life insurance policy through his job. He was employed by the U.S. Government. This policy had been in effect for over 15 yrs. After he passed, it was discovered that he signed his name on the side that said, "print name" and didn't sign where it asked for a signature. The insurance company told me that because of this mistake, the beneficiary would then be my mother. Is there any way to contest this? I am named on all of his medical forms as his next of kin. If more information is needed, please ask.

 

[Dandy Don]

The beneficiary designation is IRONCLAD and can not normally be changed unless there are very unusual circumstances. If you were specifically named beneficiary, then the money should go only to you.

Are you an adult or a minor? The insurance company's explanation does not sound reasonable or sensible unless there is something missing from their explanation that they have not told you. Is it possible that if you are a minor they are saying that they are going to give the money to your mother to be held in trust until you reach adulthood?

If you can not afford an attorney, then look in the yellow pages or on the internet for the address and phone number of the Michigan State Insurance Commissioner and file a complaint with that office to have this matter investigated.

DANDY DON IN OKLAHOMA ([email protected])

 

[Tamara1014]

dandy don

Thank you for responding. No, I'm not a minor. I was told that since he didn't sign where it asked for a signature, the benefits would have to go to his next of kin, our mother. The policy was witnessed by two people. It also had been in effect for over 15 years with the same information. The fact that the policy wasn't signed in the right spot wasn't caught by anyone until this point.

 

[Dandy Don]

Which begs the question, why doesn't the insurance company consider a sister as being next of kin? I wouldn't ask them--they might only come up with another stupid answer.

 

[cbg]

Uh, perhaps that might be because a sibling is not considered the next of kin if there is still a living spouse, parent or child?

 

[Dandy Don]

The definition of next-of-kin DOES include a sibling, although I do get the point you are making--that an order of succession of heirs will give priority to spouse and child.

 

[Tamara1014]

No, there isn't a living spouse or child. However, there is a living parent. I acted as my brother's parent. He lived with me from the time he was in jr. high. I raised him and put him through college. So that is why this is an issue.