Disputing Life Insurance Beneficiary Claim.

[nemochian]

What is the name of your state (only U.S. law)? Alabama, but Deceased/Life Insurance Policy was in California.

Hello all. I've got a situation. A friend of mine made me the beneficiary of his life insurance policy - 2 to 3 years ago. My friend has since past & I followed his instructions; I called the Insurance Co and told them that he had past away.

The Ins Co contacted me a couple of weeks later & informed me that I was the beneficiary of his Life Insurance Policy and instructed me to file a Claim (plus get a copy of the death certificate, etc...). I did as I was instructed.

Now, the ex-wife (whom is remarried, by the way... to the man she cheated on my buddy with) is calling me and saying that she sent in a Claim to his Ins Co & was denied. She says that she was told that she was not the beneficiary of the policy and that maybe I was. I did not say anything, for my friend instructed me that she was not to get one red cent of the money... so, I did not tell his ex that I knew anything.

The Ins Co tells me that the ex has 60 days to dispute the denial. Now, the ex is saying that my friend (supposedly) was changing her back to the beneficiary (in August 09), but that the Company that he worked for has since changed Ins Co's. When my friend requested a beneficiary change form, his Company apparently made a clerical mistake & sent him a beneficiary change form for the "New" Ins Co. He (allegedly) filled out the change form, signed it (had it notarized), and sent it back to his Company. The Company then sent the change form to the old Ins Co (where my friend actually had a current policy) and they would not accept it... for it was not their beneficiary change form.

So, his ex is now saying that whom ever the beneficiary is - they will not be getting the proceeds - for she has an attorney and she can prove that due to a clerical error, she was not properly changed to the beneficiary. She is saying that since she has proof that my friend's intentions were to change her to the beneficiary - she will be able to get a court to overturn the Ins Co.

Now, before I get into any more details and/or personal opinions... do any of you think that this is possible? Is there a Lawyer out there that would take this case and/or a Judge that would hear it? I've heard that getting a Judge to overturn a Named Life Insurance Beneficiary is very difficult!

As always - thanks for the help!

 

[HappyWanderer]

Sure it's "possible" if she has "proof" of a "clerical error" where the intention and acts of the policy owner was to change the beneficiary to her but the mistake gave it--to someone else? What was the error again?

Unlikely, but possible.

 

[nemochian]

Thanks. The Life Insurance Beneficiary was changed to me, several years ago. My buddy's ex is trying to say that he (my friend) was changing the beneficiary back to her, in August of 2009. My friend had his policy paid up through Insurance Company "A". Since he retired, the Company that he worked for changed Insurance Companies (i.e. Company "B"). His ex is saying that when my friend requested to change his beneficiary back to her - the Company that he worked for sent him a change form from Company "B". He allegedly did not notice this, did what was required, and sent it back to the Company he worked for. They, in turn, must have seen that he actually had a policy with the prior Ins Co (Company A) & sent the change form to them. Now, keep in mind, this is what his "EX" is saying. So, Company A got a beneficiary change form that was actually Company B's BF change form... so, they denied the change.

His ex is saying that his Company made a clerical error with sending him the wrong Ins Co BF Change Form... and that is the proof that she says she has that shows he intended to change the beneficiary to her!

I know this is complicated as heck. I think that the ex is making this up! If she's not making it up, I cannot see a Superior Court Judge that is going to process a TEDRA Petition, to overrule an Ins Co's Named Beneficiary... and give it to an "EX". He apparently did not want her to have this money - that's why he changed it to me, in the first place. They have been divorced for years, she is remarried, and I do not think that she will be able to produce said proof. However, if she does produce this change order... does she have a chance. The way I see it - my buddy specifically said that he did not want her to have said money... and I'll give it all to charity... I don't care! I just want to carry out his wishes! How could she get a TEDRA Petition "if" the change form is not even for the right Company. There seems to be a lot of proving that is going to have to happen, for I know that I am the Named Beneficiary!

Thoughts?

 

[ecmst12]

Stop worrying about what MIGHT happen.

 

[nemochian]

ecmst12

I've been a member of this Community for quite a while now and I thought that the purpose of this site was for people to be able to come together and talk about Legal and/or Insurance Issues... I've talked with a lot of considerate and helpful people, on this site. Your telling me not to worry about things that MIGHT happen - is not conducive and/or considerate.

Unless you somehow go from P&C Insurance Adjuster, to Life Insurance Investigator... in the next few days... I would rather hear from some of these wonderful members that have something constructive to say.

Thanks.

 

[ecmst12]

You asked for thoughts, that's my thought. Why drive yourself nuts stressing out over something that might come to nothing? Not worth it, IMO. Let the insurance company do their job. It sounds unlikely that the ex has any evidence and the investigation will support you in the end. Just have a little patience and try not to think about it too much.

 

[anteater]

Stop worrying about what MIGHT happen.

ecmst12 beat me to it.

Your telling me not to worry about things that MIGHT happen - is not conducive and/or considerate....

I would rather hear from some of these wonderful members that have something constructive to say.

I thought it was pretty good advice. You are asking people to speculate about what the ex might do and, if she does do something, what the court might do. Nobody here can guarantee either.

(I thought TEDRA was a Washington state thing. Does California have something like it?)

 

[Dandy Don]

The burden of proof will be on her to prove her case and it looks weak right now. You need an attorney who is experienced with interpleader actions with insurance companies and that legal specialty is called "bad faith insurance".

Please delete the duplicate posting of your question on this message board. Thank you.

 

[nemochian]

Sorry All. Not sure how my question was duplicated and/or how to delete the copy.

I guess that I didn't do the best with posting here, for I've never had anyone respond to a post/question by telling me not to worry about what might happen. My intention was not to question and/or have any of you speculate as to what the ex "may" do... for I know what she is doing! She's going to try anything she can to get said moneys. What I was questioning and wondering was - with the provided information I gave you, do any of you think that she has a case? I did ask for speculation as to whether or not anyone thinks that this could even see the inside of a court room (e.g. finding a Lawyer to take the case and a Judge that would hear it). I cannot imagine that the ex has any legal standing here, but you never know... I thought that maybe some of you might know better; and maybe you've seen a similar situation and outcome.

I do appreciate those of you that have given your opinions... and thoughts. I am not going to go and get an attorney yet, for she has not established a case, or filed anything yet (other than the Claim, for which she was denied). I do see where it may come down to needing to hiring an attorney, though.

As for the TEDRA Petition being specific to WA State, you're absolutely right. I apologize, for I was assuming that California had their own version of a TEDRA Petition; however, I did not know what else to call it.

I guess, all I can really do is sit back and wait. I typically do not go into any situation without being fully prepared, but as you are all reaffirming, there's really no way to see into the future.

Thanks