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Contesting beneficiary

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lostmydad

Junior Member
What is the name of your state? Texas

Background: Due to long illness, poor money management, and vicious ex-wives, my once successful dentist father died penniless and with enormous debt. He had no house and had sold his practice for almost nothing. He had cashed in all the annuities he remembered having to pay bills and had stopped paying the premiums on insurance policies with the exception of one: a health insurance policy that had a small life insurance benefit attached. Although he did remove his ex-wife from health coverage at the time of their divorce, he neglected to remove her as primary beneficiary. I'm sure he forgot that there was a life benefit attached because he told me before he died that he had no life insurance. I am listed as secondary beneficiary.
This ex-wife had already received 57% of his retirement at the time of their divorce, she was primary beneficiary on an annuity that he forgot he had (because he had not cashed it in), and she will receive his Social Security survivor benefits (which for a dentist will be quite generous). She has also remarried (another dentist), and should be well set for the rest of her life. I, a single mother, took care of my dad for the last year of his life and have incurred many expenses associated with his illness and death. I am not probating his will, which names me and my son as sole heirs, because that would cost me even more money and there is nothing to get...no house, no business, no propery or assets, absolutely nothing.
Question: If I contest the ex-wife as beneficiary of the small life insurance policy, to whom would the insurance company pay the benefit when there is no estate? If they somehow are able to pay the benefit to his "estate" what would happen to the money if the will was never probated? How likely would it be for the insurance company to pay the secondary beneficiary, me?
 


lostmydad

Junior Member
contesting beneficiary

Insurance company not forthcoming with any info about how beneficiary listed, although a sympathetic agent let me "guess" the amount of the policy ($10K)and that I was secondary beneficiary. I'm desperately looking for Dad's copy of the policy.

I will obtain a copy of their divorce decree a.s.a.p.
 
Last edited:

lostmydad

Junior Member
policy lists name as...

The insurance policy lists primary beneficiary as "(Name), relationship to insured, spouse."

Still waiting on divorce decree.
 

lostmydad

Junior Member
Answer to your questions from 5-19-05:

My father's insurance policy states primary beneficiary as: "(wife's name), Relationship to insured, wife."

The divorce decree does not mention the policy in question, but lists one other life insurance policy and a long list of annuities to which the ex-wife was awarded. Oh, let's not forget about those social security survivor benefits!

Along with everything else she's already gotten, she's going to get the money from this only remaining small life insurance policy, isn't she? Screw the daughter and the grandson and all the burial bills they're stuck with paying, huh?

Now I'm really disillusioned and bitter with the world. Why does everyone have to be so frigging greedy? Rhetorical question, no need to answer.
 

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