Life Insurance

[Gayle Bjornberg]

What is the name of your state? What is the name of your state? Minnesota
My father had a (group) Life Insurance Policy and changed his beneficiary to his current wife of 11 years. He forgot however, that the divorce decree between my mother and himself stipulated that the life insurance proceeds be paid 1/2 to my mother and the other 1/2 to his children (myself & 4 bro's). The divorce was final in 1992 and obviously he changed the benef. after that. My fathers' wife is now contesting that stipulation and wants the proceeds of said policy. Any suggestions please?

 

[I AM ALWAYS LIABLE]

What is the name of your state? What is the name of your state? Minnesota
My father had a (group) Life Insurance Policy and changed his beneficiary to his current wife of 11 years. He forgot however, that the divorce decree between my mother and himself stipulated that the life insurance proceeds be paid 1/2 to my mother and the other 1/2 to his children (myself & 4 bro's). The divorce was final in 1992 and obviously he changed the benef. after that. My fathers' wife is now contesting that stipulation and wants the proceeds of said policy. Any suggestions please?

My response:

Stepmother can "contest" (read, bitch, moan, complaint, wet her panties, jump up and down, scream and yell) all she wants. The fact of the matter is that there was an existing court order which stated, in essence, that he gave up his right, and his freedom, to change beneficiaries. Therefore, he gave away something that he had no right to give away.

So, have your Mom contest the benefits being given to Stepmother by the insurance company, and the insurance company will then file a "Complaint for Interpleader" with the court, and deposit the money in the court's bank account until the litigation is complete. When the court finally decides to whom the insurance company should pay, then the court will release the funds.

IAAL

 

[gobcats]

The Insurance will be paid to the named beneficiary. The insurance company has a contract with the insured. She will have to sue to get her money.

 

[Dandy Don]

File a complaint with the Minnesota Department of Commerce (they handle insurance matters) to see if this matter could be investigated without having to pursue legal action, and they might even include in that review an opinion from the State Attorney General.

Didn't you mention in a previous posting that you were waiting for a decision from the insurance company about this?

If the insurance company doesn't review in your favor, then consider submitting a claim for the full amount to the estate in the form of an invoice as an unpaid debt that is still due as a provision from the divorce decree--even though he successfully committed trickery so that it wouldn't be paid in the form of an insurance benefit, it is still a child support obligation that is outstanding and must be paid according to the divorce decree.

DANDY DON IN OKLAHOMA ([email protected])

 

[Gayle Bjornberg]

Re: Re: Life Insurance

My response:

Stepmother can "contest" (read, bitch, moan, complaint, wet her panties, jump up and down, scream and yell) all she wants. The fact of the matter is that there was an existing court order which stated, in essence, that he gave up his right, and his freedom, to change beneficiaries. Therefore, he gave away something that he had no right to give away.

So, have your Mom contest the benefits being given to Stepmother by the insurance company, and the insurance company will then file a "Complaint for Interpleader" with the court, and deposit the money in the court's bank account until the litigation is complete. When the court finally decides to whom the insurance company should pay, then the court will release the funds.

IAAL