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Contesting a beneficiary in ca

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qtfulofaith

Junior Member
What is the name of your state (only U.S. law)? CA

Hi there,
I really hope someone can point me in the right direction. My ex-husband recently passed away suddenly and we received a bunch of forms to complete from his employer. It turns out he had a supplemental life insurance policy he had opened about 10 years ago. Our daughter, who was 10 at the time, was not listed as the beneficiary, but his ex-fiance was. Our daughter is now 20, and she was his sole beneficiary on all of his other plans (retirement and other policies). It looks as if he forgot all about this policy (the premiums were automatically deducted from his check and he never really was very organized).

We were given the forms by his employer because they saw the deductions coming out of his check and assumed that because our daughter was the sole beneficiary on every other plan, that she was on his supplemental plan as well. It turns out he never changed the beneficiary when he and this ex-fiance broke up in 2003. It was a nasty break up and we KNOW for a fact that he would not want a dime to go to this woman. He also was involved in a committed, very serious relationship with another woman at the time of his death.

This ex-fiance has no interest or claim to this money and the plan was soley paid for by my ex husband. We have sent a letter to the insurance company contesting the beneficiary to at least stop the process of paying her out anything. This woman doesn't even know he passed away! We have no idea where she is or anything about her.

My question is, under these circumstances, do we have a good case? In our letter, I offered affidavits from his current girlfriend, family members, his employer verifying that his wishes would be that his only child receive the benefits. What should I do now? Is it too soon to retain an attorney? Should I wait and see if the insurance company asks for any documentation?

Please help!
 
Last edited:


Tex78704

Member
My question is, under these circumstances, do we have a good case?
NO

Unless a court order says otherwise, the insurance company will pay the beneficiary named on the policy, as it is required to.

Unfortunately, your ex's carelessness in this instance will most likely result in an unexpected windfall for his ex-fiance.

If your daughter wishes to challenge this, you should not waste time sending a letter to the insurance company, and waiting for a reply you may not get at all. Speak to an attorney, who will explain your daughters legal position in this matter.
 

Betty

Senior Member
Agree, ins. cos. pay the policy proceeds to the beneficiary named in the policy to do with as they wish.
 

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