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.
Life insurance beneficiary question.
- Thread starter miaburke
- Start date
joe92275
Super Genius
- 165
Sounds like you need to consult an attorney
- 11,274
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.
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:
martha ramirez
New Member
- 15
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.
- 2,194
Yep, this is state specific, in regards to the law.
Certainly seek an attorney to confirm everything that you have been told.
Certainly seek an attorney to confirm everything that you have been told.
- Thread starter
- #6
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.
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.
- 2,623
On what piece of paper or part of the policy does your name appear?
I think that we all know the answer to that...
- Thread starter
- #9
The part where you name the beneficiary.
