My father passed away and has an insurance policy through Chrysler. I placed a claim (along with my 3 sisters) with Atena, but they denied it saying that they already had a beneficary. This beneficiary is my mother (long story there but she would end up keeping the full amount and she has done all her kids wrong). They were divorced 20 years ago and the papers were signed by a judge and filled in Macomb Co MI. In the divorce papers there is a statement that says the spouce is revoked as beneficiary. My dad never did change the beneficiary though and Etna is claiming they are above the law (in my opinion) and that they are under ERISA.
I thought I stood with a solid basis with the divorce papers and all, but now I am guessing there is not really a case on our part? This just seems wrong. Do we have any options here to fight it?
My father passed away in Florida where he had resided, my mom is in Missouri, I am in WA, my sisters are in MI, and the insurance is in Kentucky. Where is the jurisdiction, Michigan where the divorce took place? I had been reading that WA had some kind of statue on this or something and that is why I was wondering.
All of the cases I have read so far involving ERISA and divorce has not been good. This needs to change!
Thank you for your time.
Dave
I thought I stood with a solid basis with the divorce papers and all, but now I am guessing there is not really a case on our part? This just seems wrong. Do we have any options here to fight it?
My father passed away in Florida where he had resided, my mom is in Missouri, I am in WA, my sisters are in MI, and the insurance is in Kentucky. Where is the jurisdiction, Michigan where the divorce took place? I had been reading that WA had some kind of statue on this or something and that is why I was wondering.
All of the cases I have read so far involving ERISA and divorce has not been good. This needs to change!
Thank you for your time.
Dave