Partially complete, unsigned beneficiary change form

[Snoober]

State: Maine

Hello,

Hopefully somebody can give me some hope for this sucky situation that I am in. My mother recently passed away from cystic fibrosis but unfortunately she never removed her ex husband from her life insurance (we are 50/50). I did find a beneficiary change form where she partially completed it, making me 100% but she did not sign it before she passed. It looks like she received the form 1 or 2 months ago. Her ex wasn't even there in the hospital while she struggled and I'm pretty sure she didn't want him to get anything...she just didn't get a chance to finish the form.

So, the question is can this unsigned form hold any clout with the insurance company since it shows intent to change? Also, does anybody know if divorce has any meaning in the state of Maine when it comes to life insurance?

Thanks,
Mike

 

[Proserpina]

State: Maine

Hello,

Hopefully somebody can give me some hope for this sucky situation that I am in. My mother recently passed away from cystic fibrosis but unfortunately she never removed her ex husband from her life insurance (we are 50/50). I did find a beneficiary change form where she partially completed it, making me 100% but she did not sign it before she passed. It looks like she received the form 1 or 2 months ago. Her ex wasn't even there in the hospital while she struggled and I'm pretty sure she didn't want him to get anything...she just didn't get a chance to finish the form.

So, the question is can this unsigned form hold any clout with the insurance company since it shows intent to change? Also, does anybody know if divorce has any meaning in the state of Maine when it comes to life insurance?

Thanks,
Mike

Unfortunately, I believe you're out of luck. The policy wasn't officially changed, hence ex-husband remains a beneficiary.

Divorce does not negate a life insurance policy in and of itself.

Sorry.

 

[tranquility]

See an attorney in your state to research case law. Unless the policy was addressed in the divorce, the divorce combined with the intent to change the beneficiary could very well be meaningful. If so, you would need to start litigation immediately. At the very least, there is a possibility the policy could go to mom's estate.

 

[Betty]

I can only speak for the ins. co. I worked for & the major companies we
reinsured with but we would pay the proceeds to the benes name in
the policy - ex husband & you. We always required a change of bene form
signed & dated divorce or not. If someone wanted to sue the bene(s) for
the proceeds after we paid them out, they could but as the ins. co. we had to follow the policy provisions re bene(s) listed & pay to them.

However, it certainly can't hurt to run it by an attorney & get his/her opinion re whether you should pursue further. (contest/sue) If you contest before
the proceeds are paid out, the ins. co. (since they can't pay to anyone other
than the bene(s) as listed in the policy), would generally give the proceeds to the court & let the judge decide. If the proceeds have already been paid out, then you would have to sue the ex. for the amount he received. We never knew what happened when someone sued after we paid the proceeds out since the co. was no longer involved. When we gave the proceeds to the court to decide in a case like yours, I, myself, only heard of cases where proceeds ended up going to the bene(s) in the policy. See what an attorney thinks of your chances.

 

[Snoober]

Thank you all for your advice and knowledge. I truly appreciate it.

 

[Betty]

You're certainly welcome.