Insurance paid to the wrong person

[jerseygirl]

What is the name of your state? Louisiana
My father died last year. His beneficiaries were my grandmother first and then me second. My cousin already had power of attorney over my grandmother when my father died, so she handled the claim. My grandmother died after the insurance was paid out. So, I inquired to the insurance company what happens to the account that was set up. I found out that the account was paid straight to my cousin, with my grandmother's name nowhere on the account. What can I do?

 

[Some Random Guy]

The money is part of your grandmother's estate. If you believe that you are in any way entitled to a portion of that estate, contact an attorney about having the estate probated.

 

[Dandy Don]

Get more information from the insurance company about what happened. You don't know right now whether she used her POA to change the beneficiary designation to make HER the new and only beneficiary, or whether she used it to cash the policy in to get a refund of the premiums, although it looks like she made a beneficiary change.

Talk to a business law attorney or family law attorney to find out if your state has laws against abuse of POA, which looks like what happened here. If you or the district attorney is willing to file charges, she will have to repay that money to the insurance company or to you.

And if the insurance company won't cooperate in giving you information, file a complaint with the Louisiana State Insurance Commissioner so he/she can investigate (each state insurance commissioner has a website).

DANDY DON IN OKLAHOMA ([email protected])

 

[Some Random Guy]

THe OP was not altogether clear in the facts

My grandmother died after the insurance was paid out.
So, I inquired to the insurance company what happens to the account that was set up.
I found out that the account was paid straight to my cousin, with my grandmother's name nowhere on the account.

I read this to mean that
1. the insurance company paid the insurance to the grandmother
2. Grandmother dies
3. Cousin transfers money to account in cousin's name.

This would then be a straightforward 'removal of assets from estate outside of probate/will distribution' case and have nothing to do with insurance.