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Payment to wrong Beneficiary

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Lola315

Junior Member
What is the name of your state (only U.S. law)? Georgia

My father died in October of 2009. After his death we were informed by his current wife that there was an insurance policy that was to be paid to my mother (my fathers 2nd wife) in the amount of about $60,000. My step mother then sent my mother the paperwork and that was that. Acouple of months ago we find papers that my father had infact changed the beneficiary right after the divorce with my mother. The paperwork was signed and stamped from said insurance company as well as my father. We have since then sent the insurance company a letter and copy of the paperwork found, with no reply, not suprising at all. I guess my question would be, how do we prove that this mess up on the insurance companies side has caused us damage? Since my father had two kids in his first marriage, me in the second and yet married again with no children after me, you can almost just feel the tension and the anger that we all had at a time. However this has made some relationships stronger and others have merely just been severed. What does the insurance company owe us? Is it the amount of what the money would have accumulated in interest, plus attorneys fees? And how do we put a price on what has happened to our family over a little bit of cash? It was upsetting to the current wife to think that money was meant to go to an ex wife, hurtful to think that my father would try to take care of one child and not the other two. And to top it off it wasn't meant to be and we had to suffer at the hands of a company that can't get their stuff straight. Had they had their things "in order" when my mother sent in the paperwork for her payment they would have stopped the whole process. What should we do? Should we sue? Should my mother be in fear for her possessions if the insurance company comes after her? What cost would you put on the pain and suffering we accumulated at the hands of this company?
 


Zigner

Senior Member, Non-Attorney
The money belongs to whomever is named as beneficiary on the policy. Any legal remedies for improper payment are only available to that person. That person has no legal obligation to give YOU a dime.
 

Betty

Senior Member
Your post is a little confusing. The proceeds would be paid to the bene
named in the policy - were they? If so, the ins. co. did what they were
suppose to do. .... Or have the proceeds not been paid yet? (seems they were) Are you saying a change of bene form was sent to the ins. co. but they don't have it?

Are you maybe saying your Mother received the proceeds but then you
found a change of bene form to someone else? You're afraid the ins. co. will
come after your Mother for the proceeds that don't seem to be hers?

A little clarification, please. Thanks.
 

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