Old beneficiary

[FallinFullCircl]

What is the name of your state? West Virginia
My father recently passed away. His funeral arrangements were set up by my mother (his current wife) and I (son). The expenses were to be paid upon receiving the insurance policy. My Father had insurance through his employer, where he worked for 30+ years. A month later the funeral director calls and explains that the beneficiary to the insurance policy was not my mother but his father and his mother. The policy was probably 20 to 30 years old. His mother died in 1993 and my parents have been married since 1991(collectively together for more than 20 years). My father had never changed the beneficiary. His father, now about to receive the insurance money, is planning on keeping 100% of the money after funeral expenses. Is there any legal right that my mother has to the money, and does marriage not nullify the previous beneficiary agreement? We all know he worked very hard and wished for that money go to his wife and kids.

 

[BelizeBreeze]

What is the name of your state? West Virginia
My father recently passed away. His funeral arrangements were set up by my mother (his current wife) and I (son). The expenses were to be paid upon receiving the insurance policy. My Father had insurance through his employer, where he worked for 30+ years. A month later the funeral director calls and explains that the beneficiary to the insurance policy was not my mother but his father and his mother. The policy was probably 20 to 30 years old. His mother died in 1993 and my parents have been married since 1991(collectively together for more than 20 years). My father had never changed the beneficiary. His father, now about to receive the insurance money, is planning on keeping 100% of the money after funeral expenses. Is there any legal right that my mother has to the money, and does marriage not nullify the previous beneficiary agreement? We all know he worked very hard and wished for that money go to his wife and kids.

If that was his wish, he should have reflected such in the change of beneficiary. At this point, and based only on the facts presented, the father is entitled to 100% of the payout.

 

[seniorjudge]

Q: Is there any legal right that my mother has to the money, and does marriage not nullify the previous beneficiary agreement?

A: No and no. Your father intended for his father to have the money; he put that in writing.

 

[Betty]

I agree with the other posters. Since your father did not change the bene on the policy, the proceeds go to the named bene to do with as he wishes.

 

[moburkes]

Now, having learned a VALUABLE lesson, review your life insurance policies at work and outside of work, and have your mother and other family members do the same. Now, every few years, review it again to see if any changes are necessary.

 

[Dandy Don]

What was the policy worth?

This is a matter of such importance that your mother needs to be consulting with a business law attorney or probate attorney to find out if West Virginia law has any protections in insurance law for a surviving spouse. If there is legal ground for this payment to be contested, her attorney can file an interpleader action to let the court decide who should get the money. Some state laws give preference to surviving spouse, but admittedly here the situation does not look as if it would work out in her favor.