<p>Some of you may remember that my brother passed away last month. He did not have a will. We have unfortunately discovered that when he got his company life insurance documents in 2005, he listed his fiance as his sole beneficiary. She broke up with him shortly after that, but he never took her off the policy. He has a 21 year old daughter who is not getting a penny of the $151,000 policy. She is the beneficiary of the relatively small ($10k) 401K he recently set up.</p>
<p>Is there any way to challenge the beneficiary? We are absolutely sick that a woman who dumped my brother four years ago will get this money. If it has to be, then it has to be. I just wanted to know if there was a snowball’s chance in h*** that my niece might be able to challenge this somehow.</p>
<p>Thanks in advance for the wonderful advice I know you will have.</p>
<p>Talk to an attorney. However, the insurance company is required by law to follow the written instructions he left, so I strongly doubt there’s anything the lawyer or you or his daughter can do.</p>
<p>So sorry.</p>
<p>Let this be a lesson to us all to keep things updated.</p>
<p>Kelsmom, you do need to speak to an attorney that is in the same state as where your brother lived as state laws can differ widely. It is my understanding, however, that the insurance beneficiary cannot be changed. That is a way around some of the laws about wife getting 2/3rds of the assets that are on many state books. The insurance allows a person to direct assets around that law as they are not included in the estate the same way as bank accounts and other assets.</p>
<p>What do you think the chances are of your brother’s former fiance doing the right thing and relinquishing 151 thousand dollars to the person more rightfully entitled to it? I have the sinking feeling that your poor niece is completely out of luck, and that there’s no legal recourse if the fiance decides to keep the money. :(</p>
<p>kelsmom, “get thee post haste to a local attorney in the appropriate probate jurisdiction”. To be the most effective, this needs to be done BEFORE the insurance company makes payment. Y’all need to tie that up NOW. </p>
<p>Make sure it is an attorney familiar with the in’s and out’s of THAT jurisdiction’s courts. Explain the situation to the lawyer. Tell the lawyer to think creatively on behalf of your bro’s estate (which is most probably his daughter , ultimately). She/He will need to be able to think outside the box, ‘cause your bro’ has left y’all a hard row to hoe.</p>
<p>LOL—yeah, I know, curm. I caught it immediately upon re-reading after posting and quickly scurried to edit before (hopefully) anyone noticed. Not soon enough, evidently…:p</p>
<p>Kelsmom, I agree with Curmudgeon. Additionally, and I really hate to say this, but don’t forget the value of a lawsuit in getting someone to settle for less.</p>
<p>kelmom - really sorry about this. But who in their right f* mind would not put their kid as the sole beneficiary. Aside from money, I think your niece must be kind of hurt too. Maybe the lawyer could convince the fiance to split it with your niece. She could still get a wind fall and it wouldn’t get tied up in legation. I would.</p>
<p>I work in an insurance office and it is really amazing how many people put their fiance on their policy as sole beneficiary and many of them have kids…why would one do that before the legalities were complete- get married, then put that person as your beneficiary, but that person is not legally obligated to your kids, so put your kids on, too :(</p>
<p>I agree that you need to see an attorney ASAP before the insurance company pays out a cent. </p>
<p>I would also suggest you search high and low for any piece of paper that indicates he did change or intend to change the beneficiary. Human resource departments have been known to make mistakes. So have insurance companies. The fact that he made the fiance his beneficiary in 2005 doesn’t mean he didn’t try to change it after that. In any event if he had a computer, I’d search on it to see if he sent any emaills to Human Resources about this. Ask the company to search his office computer as well. </p>
<p>If he had any file in which he kept copies of important papers, check that as well for a copy of a change of beneficiary form. </p>
<p>But, I wouldn’t assume that the fiance won’t do the right thing.</p>
<p>Harsh, but true! A second wife, maybe–but a fiancee? :eek: Of course, if the relations were strained between father and daughter, that could have been a reason for him not to have felt obligated to put her down as a beneficiary on the life insurance. One never knows about the complexities of family relations.</p>
<p>This is truly unfortunate but generally (assuming no illegal acts, etc.), yes, the beneficiary designation rules, per the contract. As a matter of fact, there is generally no need for a beneficiary to get involved in the estate settlement – the beneficiary can simply file a claim and as long as there is a death certificate and proof of claimant’s identity, get the money paid pronto. So the insurance money can be paid out years before the estate is settled. I am not a lawyer but did work for an insurance company. Plus my H was a beneficiary for his deceased brother (who had no kids.)</p>
<p>People, please review your insurance and 401-K beneficiary designations.</p>
<p>Thinking OUT of the box (per Cur’s suggestion). Was the niece EVER listed as the beneficiary of this insurance policy? Was it changed to list the fiance? Any chance you could prove it was forced?</p>
<p>After calling an attorney, talk to your brother’s accountant, too. People tell my Dh all kinds of things, you never know what might be in the files…
Maybe the fact that his daughter is on the 401K will help?
I’d also try reasoning with the woman, perhaps she will at least split the money.</p>
<p>I talked to DH: different states have different laws, get a probate/estate attorney and let them contact the insurance company to tell them you may pull this into probate. That may convince the woman to negotiate. In other words, act NOW before the money is paid out.</p>
<p>It is not always that easy. My son was the beneficiary of my brother’s life insurance, but my son could not claim the money for several years (after his eighteenth birthday), and when he claimed the money no interest was paid. The attorney I consulted when my brother died explained that I could make the claim on my then minor son’s behalf, but doing so would be complicated, because my brother and I resided in different states, and expensive, requiring among other things annual reports to the court by a court approved financial manager.</p>