Lost beneficiary change letter

[bridgesbe]

What is the name of your state? North Carolina

I hope someone can help me with this...here goes...

In July, 2004 my husband and I visited our lawyer and had our wills drawn up. At the same time my husband had typed two letters to different life insurance companies to change the beneficiary. We had these notarized in the office and mailed them on the way home.

My husband died in February, 2005...when I sent the claims into the life insurance companies one had the change of beneficiary and one did not.
The life insurance company that did not receive the change of benefiary notice paid out the claim to his ex-wife.

At the times of the claims I could not find the copies that we had made at the lawyer's office. The notary gave me an affadavit concerning the signing of the change of beneficiary letters.

We found the copies last week and when I went to my lawyer..he states "it's a tragedy that they have already paid out." There is not a good chance that the insurance company will do anything but tell you to sue the ex-wife. The insurance company was aware of the change of beneficiary letter.

My question is: Do life insurance companies seek out beneficiaries? I have a tax form with her name on it from the insurance company but not a pay out date. What should I do next? What legal action can I take and is it worth the time and expense? Thanks!

 

[seniorjudge]

If the beneficiary was not changed, then it would've gone to the beneficiary indicated.

Why would the ex-wife be liable for anything?

Your husband put it in writing that he wanted her to be the beneficiary (and on the life insurance company's form). He never changed that form.

Thus, ex-wife gets it.

 

[Dandy Don]

You should be consulting with a business law attorney who has experience suing insurance companies to find out what previous case law says about this and what your chances would be for winning your case.

I think you have a good chance to win, especially since insurance companies are notorious about being sloppy with documents.

Too bad you or your husband did not think to send the letter by CERTIFIED MAIL, and then you would have had proof that they received it.

When you say "insurance company was aware of the change of beneficiary letter", was that after his death or before his death? After or before they paid the ex-wife?

DANDY DON IN OKLAHOMA ([email protected])

 

[bridgesbe]

When I talked with them at the beginning (after I filed a claim) they knew that a letter existed. I guess when you think about it they can be told anything...It took me five months to go through all the EOB's. My husband was on dialysis for four years and just keeping up with the paperwork has been a chore.

Also, I did do a tracer from the U.S. Postal service. They did not find the document as well.