Life insurance beneficiary question.

May 4, 2019

  1. miaburke
    Offline

    miaburke New Member

    Posts:
    3
    Likes Received:
    1
    State:
    Mississippi
    My brother passed about a month ago, and he had me named as the beneficiary on his life insurance he had with his job. He also had me named on his accidental death policy as the beneficiary.He told me he did this because of how I helped him financially with his kids and he knew I would continue to do so after death. Fast forward to today I found out his job gave the life insurance to his wife because she did not sign off on it. He didn't put it in her name because he have two other kids from a previous relationship and felt she would not give them anything out of it.He was right because she moved to a different city and bought a house. I live in the state of Mississippi. He was just 30 years old when he died unexpectedly and did not have a will yet.
     
  2. joe92275
    Offline

    joe92275 Super Genius

    Posts:
    171
    Likes Received:
    63
    State:
    Florida
    Sounds like you need to consult an attorney
     
  3. DHK
    Offline

    DHK "YOU CAN'T HANDLE THE TRUTH!"

    Posts:
    8,409
    Likes Received:
    2,237
    State:
    California
    In some states, such as California, to name anyone else other than the spouse as a primary beneficiary would require that the spouse acknowledge and give consent to the other beneficiary designation.

    Btw, if this requirement wasn't made clear to the insured... then there's the possibility of lawsuit to the employer. Obviously not legal advice, but certainly a consideration.
     
    Last edited: May 4, 2019
    DHK, May 4, 2019
    #3
  4. martha ramirez
    Offline

    martha ramirez New Member

    Posts:
    15
    Likes Received:
    22
    State:
    Indiana
    This certainly sounds like something that you might want to consult an attorney on. @DHK is correct that some states have laws requiring a spouse to sign off on changes such as this. However, if the insured was not advised that this needed to happen, there may be some fault on the part of the employer/insurance company that represented the policy.
     
  5. marindependent
    Offline

    marindependent Guru

    Posts:
    346
    Likes Received:
    33
    Yep, this is state specific, in regards to the law.

    Certainly seek an attorney to confirm everything that you have been told.
     
  6. miaburke
    Offline

    miaburke New Member

    Posts:
    3
    Likes Received:
    1
    State:
    Mississippi
    Here's an update for you guys.
    I contacted an attorney and he checked into everything.He contacted me back stating, " the insurance company says your brother never executed a designation of beneficiary form naming anyone as the beneficiary."
    When my brother died,the lady on his job told me she was going to go pick up my brother file that had the beneficiary listed on there and she will call me back as soon as possible.She never called.I called her back later that evening and that's when she told me "It's a law in Mississippi that the spouse have to sign off on it.She did not sign off on it.If you have any questions you have to talk to his wife.Sorry for your loss." Now all of a sudden he didn't list anyone?I called the insurance company myself and they said he didn't have anyone listed down so it went to the next of kin.So I called the lady back at my brother job today and asked her "Why are they now saying he didn't have anyone listed?I thought you said the wife didn't sign off on him listing me?" then I told her " By the way, my brother wife is going around bragging to multiple people saying she took it from me." All she kept saying in a shaky voice was "I'm not involved in this" , "I can't answer that question." I then asked her can she at least tell me was I the beneficiary over his accidental death policy on the job (My brother paid for that one himself. I have that policy in my hand with my name on it.I just asked her that to see would she tell me ).She said " I can't answer that."
    Guys this lady is the one over the human resource department of the job.She sound like she been threaten by someone or she know she did something terribly wrong.Guys I know something illegal was done,but I don't have proof of that policy since it was free benefits through the employer.The attorney says he can't help me without proof so it's pretty much a done deal.I have a crazy guess on what happened and I believe a big cover-up has been done to avoid a lawsuit.
     
    miaburke, Jun 10, 2019
    #6
  7. adjusterjack
    Offline

    adjusterjack Guru

    Posts:
    1,094
    Likes Received:
    387
    State:
    Arizona
    On what piece of paper or part of the policy does your name appear?
     
  8. Tahoe Ray
    Offline

    Tahoe Ray Guru

    Posts:
    2,839
    Likes Received:
    519
    State:
    Nevada
    I think that we all know the answer to that...
     
  9. miaburke
    Offline

    miaburke New Member

    Posts:
    3
    Likes Received:
    1
    State:
    Mississippi
    The part where you name the beneficiary.
     
    miaburke, Jun 12, 2019
    #9
Loading...