Life Insurance paid out to wrong beneficiary

[brownie]

What is the name of your state? Illinois

My father had passed away several years ago.

This particular policy was bought by my mother a long time ago when my 2 sisters and I were very young. When her and my dad divorced, she was able to keep making him pay on it (and all other life insurance policies) as part of the divorce agreement.

Later, down the road, he got married to my step-mom, who coerced him inot making her primary beneficiary on al his life insurance policies (my 2 sister's and I were listed as beneficiaries before they were married).

Later, my dad and step-mom got divorced and he had remembered to change the beneficiary on all his insurance policies EXCEPT for one (which was the largest).

Later, after my step-mom had passed away, we learned about th is policy that my mom had bought. We was told by METLIFE that our step-sisters were the primary benficiaries because my step-mom had passed away and they were entitled to her inheritance.

AND because we could not find original Life Insurance application (which METLIFE claim they couldn't find either), we could not prove that my 2 sisters and I were suppose to be primary beneficiaries.

IN A NUTSHELL, my step-sisters inherited Life Insurance inheritance that was set-up by my mom to benefit my 2 sisters and I.

We tried to fight it, BUT.....METLIFE just kept saying that we needed to provide proof that the policy was initiated by my mom.

I never could understand WHY we should have to produce the original document if they (METLIFE) didn't have to !

IN THE END....... METLIFE ended up locating our step-sisters and offered the whole settlement to them, after explaining the situation of the policy.

They (step-sisters) were nice enough to split it with us; the 2 of them split 50% and the 3 of us girls split the other 50% (which didn't sound fair at all).
However, my younger sister was administrator of my father's estate AND she agreed to it, eventhough my other sister and I had said that we wanted to fight (prevent the step-sisters from getting any of the money).

At the time, I was told by one lawyer associate to fight it with an interpleader agreement, but my sister refused to deal with it saying that we would just lose most of the money ($10,000 + policy) to a lawyer if we did that.

ANY COMMENTS?

IS IT TOO LATE TO APPEAL (or whatever it would be called)?
I feel like we have been really robbed by our step-sisters.


THANKS !

 

[brownie]

Bumptiy Bump !

Bumping this up looking for some replies

 

[BelizeBreeze]

You have no case whatsoever.

 

[brownie]

Wellllllllll

I had a consult with an area lawyer and he is very interested!

He said that METLIFE had "NO RIGHT" to pay it out without original paperwork to substantiate doing so...............METLIFE had claimed that
they had lost the paperwork.

He has sued METLIFE before and WON!

He is going to investigate the claim after I take him all the different paperwork (letters) that METLIFE had mailed/faxed to my sisters and I.

I will update later!

 

[Dandy Don]

If they had paperwork that named you and anyone else as a contingent beneficiary, then they should have paid the both of you, instead of misintepreting the law by mistaknely conducting a search for her heirs and paying them.

Also you can check the decedent's medical records on computer (any physician can tell you where to get access) to find out if METLIFE made an inquiry on the decedent's medical records while still alive, which would be an indication that decedent was purchasing a policy. You could also check decedent's cancelled checks at the bank if you had some idea of the time period when the policy was purchased to see if decedent was paying monthly premiums.

DANDY DON IN OKLAHOMA ([email protected])

 

[panzertanker]

"Later, my dad and step-mom got divorced and he had remembered to change the beneficiary on all his insurance policies EXCEPT for one (which was the largest)."



This statement says that the step-sisters WERE the beneficiaries, and BelizeBreeze is correct, you have no case. If you would like to clarify the story to make more sense, the answer might be different...

 

[brownie]

If no one could produce the original document................then who has the right to say who is the rightful beneficiary?

METLIFE was making their decision based on the fact that the last information that they ever received was that my dad had remarried AND he made my step-mom sole beneficiary of the policy (he and she both knew that it was for our benefit, not hers; she agreed to put in a trust fund if he would've passed away beore we turned 18 years old).

AGAIN.......METLIFE (nor anyone else from the family) could produce any original documents that would prove that this policy was SUPPOSE TO benefit my 2 sisters and I; it was intiated by my mother, not by my father.

The only written proof of existence that could be produced was my parents divorce decree in which a stipulation was made to include that my father was mandated to keep paying on the life insurance policy for benefit of his children.

ALSO.........METLIFE had learned that he had changed all his other life insurance policies to make his children (not hers) the beneficiaries.

 

[panzertanker]

If no one could produce the original document................then who has the right to say who is the rightful beneficiary?

They based their decision on something...

METLIFE was making their decision based on the fact that the last information that they ever received was that my dad had remarried AND he made my step-mom sole beneficiary of the policy (he and she both knew that it was for our benefit, not hers; she agreed to put in a trust fund if he would've passed away beore we turned 18 years old).

Here is their basis for a decision. They have some form of documentation that states Step-mom was the beneficiary. Since she is deceased, children received the benefit. It does not matter that she was going to put it in a trust. There is no documentation to support that...

AGAIN.......METLIFE (nor anyone else from the family) could produce any original documents that would prove that this policy was SUPPOSE TO benefit my 2 sisters and I; it was intiated by my mother, not by my father.

You have stated that the original documentation is moot. There was a revision of the original beneficiary list that made step-mom the sole beneficiary.
Original beneficiary is meaningless in the face of a beneficiary designee change...

The only written proof of existence that could be produced was my parents divorce decree in which a stipulation was made to include that my father was mandated to keep paying on the life insurance policy for benefit of his children.

Was THIS life insurance policy, with the number etc., named in the divorce decree?

ALSO.........METLIFE had learned that he had changed all his other life insurance policies to make his children (not hers) the beneficiaries.

Again, pointless.
I have multiple insurance policies that have many different beneficiaries. If I choose to change them all to one beneficiary, save one policy, the prevailing logic would be that I had one policy that I wanted to give to that one person(s)...

 

[Dandy Don]

I don't know whether you have an attorney working on this for you or not, but if you don't, you should consider filing a complaint with the Illinois State Insurance Commissioner so he can investigate on your behalf. I suspect that the insurance company is not being completely honest with you.

DANDY DON IN OKLAHOMA ([email protected])

 

[brownie]

Thanks for that advice..........

From Dandy Don .................

I don't know whether you have an attorney working on this for you or not, but if you don't, you should consider filing a complaint with the Illinois State Insurance Commissioner so he can investigate on your behalf. I suspect that the insurance company is not being completely honest with you.

I spoke with them (him) on the phone today........and was told that they are already in the midst of investigating METLIFE .

They asked me to tell them verbally first,and then email them a written complaint. If needed later, they would later ask me to send a a notarized statement.

I have consulted with a couple different lawyers, one in particular is really interested........................he has won other lawsuit against METLIFE.

Thanks again !