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Life Insurance Beneficiary Challenges
If you dispute the beneficiary designation on a life insurance policy after a person has died, our life insurance attorneys can evaluate the facts to see if you can challenge the beneficiary change or beneficiary designation. Under the law, there are several legal causes of action which may allow you to challenge a beneficiary change or designation. If you believe a life insurance beneficiary designation was changed at the last minute, was the result of some undue influence, that the policy owner lacked the capacity or understanding to make the change, that the change was the result of forgery or fraud, or the change was in violation of a marital settlement or divorce order, call a Florida life insurance lawyer at the Law Offices of Jason Turchin today for a free consultation at (800) 337-7755.
We handle Florida life insurance claims on a contingency fee basis, which means you don’t have to worry about paying us out of pocket to assist with your life insurance dispute claim. We only get paid if you recover money from the life insurance claim. Call one of our Florida life insurance lawyers today to find out if you are entitled to compensation under the life insurance policy at (800) 337-7755.
Florida law provides several legal arguments to invalidate a beneficiary designation. We can investigate your claim to see if you have any rights to the policy.
What are Common Reasons to Challenge a Beneficiary Designation?
Our life insurance attorneys have handled hundreds of life insurance claims. There are several reasons why a beneficiary designation may be challenged. Generally, the right of an insured to change the beneficiary of a life insurance policy depends on the terms of contract between the insurer as expressed in the life insurance policy.
- Lack of Capacity – The question of whether someone had the testamentary capacity to make a change of beneficiary is often a question of fact. The term, ‘sound mind,’ as used in Estate planning, typically relates to the ability of a testator to understand in a general way the nature and extent of the property to be disposed of, his or her relationship to those who would naturally claim a substantial benefit, as well as a general comprehension of the practical effect of the document as executed. We may consider medical records and witnesses, among other evidence, to help determine whether a person had capacity to lawfully make the change.
- Undue Influence – In general, you may be able to challenge a beneficiary change as a result of undue influence if you can show that the beneficiary had a confidential relationship with the decedent at the time the alleged undue influence occurred, and actively procured the bequest. Lack of capacity sometimes comes into play in an undue influence claim. Florida courts have said that the inequality of mental capacity and strength between the testatrix and the party with the confidential relationship is a factor in determining active procurement, and the the testatrix’s failed mental capacity is a factor which should be considered in support of the undue influence claim.
- Former Spouse – A recent change in Florida divorce law suggests that a beneficiary who is still listed on a life insurance policy of their former spouse may be deemed to predecease their former spouse for life insurance purposes. However, there are many exceptions. We’ve handled many claims involving life insurance policies listing a former spouse as beneficiary and can help determine who may be entitled to benefits. Do not always listen to the insurance company’s decision without first contacting one of our life insurance lawyers.
- Forgery or Power of Attorney – We can review a beneficiary change made by someone other than the policy owner. Typically, only a policy owner can change a beneficiary. If another person makes a change pursuant to a Power of Attorney, we can review the documents to determine whether the Power of Attorney authorized such changes, and whether the life insurance policy terms were complied with.
Most life insurance policies have provisions on how to change a beneficiary. We can review the changes, policy and law to see what rights you may have to any of the life insurance proceeds.
What Happens if a Life Insurance Dispute is not Resolved?
When more than one person makes a claim to the same policy, a life insurance company will often file a lawsuit called an Interpleader. This protects the insurance company from paying out twice on the same policy. They don’t want to pay one party and find out they were wrong, so they will often file an interpleader lawsuit against all potential beneficiaries. They typically ask the Court to take the policy benefits and to hold them until the case resolved. The Court would then decide who is legally entitled to the proceeds.
Under federal statute 28 U.S. Code § 1335 – Interpleader, the United States district courts have original jurisdiction of any civil action of interpleader filed by any life insurance company having issued a policy of insurance of value or amount of $500 or more, if two or more adverse claimants of diverse citizenship (different states) are claiming or may claim to be entitled to such money or property, or to any one or more of the benefits arising by virtue of any policy. Our life insurance attorneys have litigated many life insurance claims, and can help fight to get you the compensation you deserve under the policy and the law. Whether you need a life insurance attorney in a Florida state court, or any Florida federal court, we can help.
Call us for a Free Life Insurance Claim Consultation!
If you believe you are a life insurance beneficiary, or used to be a beneficiary and found out that the life insurance company is not paying you the benefits for some reason, feel free to contact us for a free consultation.
Contact our firm now or call (800) 337-7755.
At the Law Offices of Jason Turchin and through our network of nationwide life insurance attorneys, our life insurance attorneys can represent you in Florida, and throughout the United States. Whether you need a life insurance attorney in Miami, Orlando, Tampa, Ft Lauderdale, Ft Myers, Palm Beach, Pensacola, or the panhandle, we are open late and on weekends to help with your life insurance case.