Fathers Death

[Justme17]

What is the name of your state?What is the name of your state? NY

My father has just passed away. We found out that he named his ex-wife as the sole beneficiary of his life insurance. Is there a way to constest this matter when we have proof thru an email that he was planning on changing it? She wanted no part in the funeral arrangments, so the next of kin had to take care of them. Also, we found papers in his things indicating he may of had a chemical imbalance. Is there anything we can do?

 

[somarco]

The carrier is obligated by contract to pay the designated beneficiary, regardless of whatever changes may have been intended. If you can prove he was mentally incapable of making proper choices when he named the ex as beneficiary, you may have reason to challenge the policy provisions.

When was the policy taken out? Who was the original beneficiary? Was there a beneficiary change after the policy was applied for? If so, when and was that change to the ex?

 

[BelizeBreeze]

When was the policy made and when was the divorce?

 

[Justme17]

My father had this insurance for over 30 years at his current job. He named my mother as bene until they were divorced and then my sister and I were named. His second wife and him were only married for about 5 years and were divorced in 2001. If we cant challange the insurance company can we challange the bene?

 

[BelizeBreeze]

My father had this insurance for over 30 years at his current job. He named my mother as bene until they were divorced and then my sister and I were named. His second wife and him were only married for about 5 years and were divorced in 2001. If we cant challange the insurance company can we challange the bene?

O.K. so you forgot to tell us IF AND WHEN the beneficiary was changed from you and your sister to the ex.

 

[Justme17]

Also, she had told us previously that she claimed bankruptsy before we found out about the insurance...can she relinquish her rights?

 

[Justme17]

Yes she was changed to the bene after my sister and I, a few months ago.

 

[BelizeBreeze]

O.K. finally. If the ex was already the ex, there's not much you can do about it UNLESS you can prove that your father was of diminished capacity and the change of beneficiary was based on fraud or undue influence.

 

[Justme17]

Ok thank you so much for your help. I was assuming he just changed it, but the insurance reps said they couldnt tell me. Ill have to look more into that then. Also, what about relinquishing her rights?

 

[BelizeBreeze]

Ok thank you so much for your help. I was assuming he just changed it, but the insurance reps said they couldnt tell me. Ill have to look more into that then. Also, what about relinquishing her rights?

If she is that stupid then sure, the insurance proceeds will go to the estate unless a secondary beneficiary is named.