Life Insurance Question

[SNAnderson]

What is the name of your state? Michigan

Hello everyone, I have a question I was hoping someone could give me some perspective on. I would be very grateful. I'm about as far from an expert on insurance issues as possible, so please bear with me.

My father passed away in May of this year, and I am having some problems understanding what is going on. My mother and my father were legally separated, and he was living with his girlfriend at the time of his death. Without going into it too much, his death was ruled an accidental overdose.

My dad's girlfriend told the people at the funeral home that my dad and mom were divorced. My mom had to show proof that she and my father were still legally married to the insurance company and have the death certificate amended. The whole thing has been dragging on for almost 5 months. The last time she talked to someone at the insurance company, they told her they could not release the information of who the beneficiary was to her, and that the beneficiary had already been notified. Obviously it was not her, myself or my sister since none of us have been notified. Also, his girlfriend is trying to sue the hospital, saying that the doctors didn't do enough to help him.

I don't care if I never recieve a penny of the money, but my mom was dependant on my dad, and my sister and I are not in any position to support her. Could my dad have just named his girlfriend as the beneficiary even though he was still legally married? I don't know why she would have had to show proof that they were still married if that was the case. If he did name his girlfriend, is it something that would be worth getting a lawyer over, or is it pretty much set in stone?

I'm sorry this is so long, hopefully I provided all the information needed. If anyone has any insight I would really appreciate it.

 

[moburkes]

Unless there is a law otherwise, your dad can name anyone the beneficiary, especially since, in your situation, he probably already had a life insurance policy, and was simply changing the beneficiary. Generally, when a new policy is purchased, there must be insurable interest. However, once the policy is issued, it can be changed to anybody or anything. Sorry.

 

[Dandy Don]

Ask your mother to consult with a business law attorney or probate attorney (the attorney must be familiar with interpleader actions with insurance companies) to look at case law for Michigan to see if your mother might be able to ask the insurance company to put this matter into an interpleader action and let the court decide who gets paid what. Some states allow preferential treatment to surviving spouses.

Did your father leave a last will and testament and did he have other assets in his estate besides the insurance policy?

DANDY DON IN OKLAHOMA ([email protected])

 

[SNAnderson]

Thank you both for your responses, I really appreciate it.

And no, my dad didn't have any kind of a will or any kind of assets. Just bills, which are for some reason being redirected to my address.

 

[sturgbe]

Who is the owner of the policy? The owner has ALL the rights of the policy. They can ammend the contract anytime they want. The insured and beneficiaries do not have the right to obtain any information...only the owner.

For example, I own and am the insured on a life insurance policy. My wife is primary beneficary and my children are contingent benficaries. Down the round, if I decide, I can change the benficairies to 100% for a girlfriend.

That is a rotten thing to do but legal.

 

[BelizeBreeze]

The FIRST thing you should be doing is to file PROBATE. Once you have "letters testimentary" you can determine who should get what, medical records and all other information you may need to determine yours and your mother's rights here.

As for the lawsuit against the hospital, your father's girlfriend has no standing whatsoever.

 

[SNAnderson]

Thanks everyone!