Sure it can, provided the court has sufficient proof to esablish doing so would be in everyone, particularly the children's best interest.
This might be possible, but if so it's done very, very rarely. I have never heard of it. A court might pressure the policy owner to change the beneficiary, but I don't believe they can force them to, or arbitrarily change it.
The designation of a beneficiary on a life insurance policy can be challenged by a lawsuit. One of the reasons for so doing is if the beneficiary was designated by duress placed upon the insured. The insured would have to file suit and meet the requisite standard of proof (usually, a preponderance of the evidence). The defendant(s) would be the named beneficiary and likely the insurance company. The insurance company would be named as a party to the lawsuit not because it did anything wrong, but because it needs to know whom to pay upon the death of the insured. If the insurer is not named as a party, but knows or learns of the dispute, it can intervene in the lawsuit for the same reason as previously stated.
Another instance of potential court involvement is in a dissolution of marriage action. Frequently, a party who is obliged to pay child support or alimony will be ordered to maintain life insurance on his/her life to secure the payment of that support. If he/she already has that insurance, normally they will be ordered to change the beneficiary and produce proof that they have. Theoretically, if they do not produce that proof, the attorney for the party receiving the child support/alimony can send to the insurance company the final judgment of dissolution which might be construed as a "court order" requiring the beneficiary change.
In that case, the money will be kept deposited with the insurance company as unclaimed amount. In absence of the beneficiary, the insurance company can pay the money to the legal heir of the policy holder, but that has to be sufficiently proved in the Court of Law.
Under normal circumstances the named beneficiary collects the proceeds from a life insurance policy without court intervention.
When no beneficiary has been designated the proceeds of a life Insurance policy are assigned to the probate estate of the deceased insured. It would then be apportioned by the probate court to any surviving heirs.
The policy would default to the Estate. which in most cases the spouse would be the executor of the estate. however, it would have to go through probate court first, so you always want to have a primary beneficiary a life insurance policy.
Generally not without a court order.Even the beneficiary should not be told if the owner is still alive and mentally competent.
It is the responsibility of the person holding the life insurance policy to keep the beneficiary data updated as necessary. In the scenario in the question, the ex girlfriend was listed as the beneficiary ... and will be awarded the proceeds from the policy. Unfortunately, there is little the spouse can do to stop that. The beneficiary designation is binding and will hold up in a court of law.
Life insurance should be paid to someone if the policy was paid at the time of the insured's death. It should probably be paid to the beneficiary it was changed to before the insured was determined incapacitated. However, that might be fought over in court. In a mess like it sounds it will be, there is no telling what might happen.
A judge, if there is a good enough reason presented to the court.
This would be very tricky and probably involve legal issues. A "new form" found after death changing beneficiary would always bring about suspicions. Did the owner intend to change the policy or not? They did not complete the transaction by filing the change with the insurance carrier. It is my opinion that the court would rule in favor of the beneficiary currently listed on the policy at the time of death. You could never prove the intent of the policy owner to change the beneficiary if they did not file the change of beneficiary form which is a very easy process to do.
If you believe that you are a beneficiary of someone's life insurance policy, but don't know which insurance company - go to court and request to see the probate file of the deceased's estate. It should be listed there.
Yes. The owner of a life insurance policy can change the beneficiary at any time. If there are divorce proceedings or child support involved, these things matters often include court orders preventing the change of beneficiaries.
No, in most cases you can name whoever you would like as your beneficiary. However, as part of some divorce proceedings a court will require that your ex-spouse remain a beneficiary as part of a alimony/palimony agreement.
You can name you testimentary trust in most cases, but that means you have to have a new will. And the court can still require you to have you ex-wife listed on your life insurance.
Life insurance is often purchased on the advice of an attorney when writing your will and planning your estate. When you purchase a life insurance policy, you need to name someone as the beneficiary of the policy in the event of your death. The beneficiary of a life insurance policy is the person who receives the insurance money after the death of the insured person. Anyone can be named as the primary beneficiary of your life insurance policy. In most cases, the person you choose will be your spouse. If you live in a community property state, laws in those states require you to name your spouse as beneficiary unless he or she has given you written permission to name someone else. You can also name a contingent beneficiary that would receive the proceeds of your life insurance if your primary beneficiary is deceased. You can also name two or more people as your primary beneficiaries. For example, if you have no spouse or children, you may choose two siblings to share the proceeds of the policy. In this case, specify the percentage of the proceeds that each sibling gets, i.e. fifty percent each, instead of an exact dollar figure. If you have minor children, your main reason for purchasing a life insurance policy may be to provide for their care until they reach adulthood. You and your spouse need to name a guardian for your children in your will, especially in the event that you both die at the same time. The beneficiary of your life insurance policy in this case could be the named guardian or a trust fund set up to hold the policy benefits. If you are a single parent, these decisions are critical to your children's future. You should avoid naming your estate as beneficiary since all assets in your estate must be distributed to the appropriate heirs by a probate court. Probate court proceedings can significantly delay payment of benefits to your loved ones. If a specific person has been named as the beneficiary, the proceeds are paid directly to that person and are not subject to the probate court. After you are satisfied with your beneficiary designation, you should periodically review your estate plan and will. You can easily revise the beneficiary to your life insurance policy when changes occur in your life.
In the event of eventuality of the policy holder, the beneficiary is the nominee to get the death benefit amount. When the nominee is a minor, the appointee will act on behalf of the nominee till he/she attains adulthood to be eligible to get benefit amount. When both the policy holder and nominee die, the life insurance company will pay to the legal heir, duly certified by the Honorable Court.
Unless you were ordered by the court, as part of the divorce settlement, to keep your ex-husband as the beneficiary on your life insurance then you can make a change in the beneficiary with your insurance company.
This is actually not a straight answer but this is how it works. If the next of kin are not listed as the beneficiary of the policy and the current beneficiary is living; no, the beneficiary of record is entitled to payment from the insurance company. You could take the beneficiary to court to see if a judge will over turn it but it is unlikely that they will because the life insurance contract is a binding legal document. And furthermore the life insurance company is obligated to pay in monies to the beneficiary on record so by the time you take it to court that money would have already been paid out. If no beneficiary is selected, depending on the state the contract is enforced in, it money could go into probate and you would have to go through the probate process to have access to any funds. Keep in mind that probate opens the doors to creditors/debtors as well.
Unless the policy specifies that the beneficiary designation is irrevocable, the owner of the policy, who is most often the insured, has the right to change the beneficiary of a life insurance policy at any time prior to death. That said, a third party may also contest the right of a beneficiary to policy proceeds by making a claim to them forms required by the company. In that case, there may end up being a contest between the competing claimants, such that the insurer would want to commence an "interpleader action" in a court of competent jurisdiction. The insurer would thereby ask the court to determine which of the claimants it should pay, and by so doing, try to avoid getting in the middle of the dispute. The court would hash out the rights of the parties to the proceeds, and the insurer would pay the winner.
Contest it how and why? I am going to have to assume that you are saying someone died and had a girlfriend or someone else as the beneficiary on a life insurance policy and not his wife. If this is the case she can try but she will not be successful in contesting it. A life insurance application and policy make up a legally binding contract. If he did not put her as beneficiary it was because he was forgetful or didn't want to leave her the money. In either case the court will side with the only evidence of his intention which is his last beneficiary designation which was signed and witnessed and is legally binding. She will be wasting legal fees.
If there is no living beneficiary then the beneficiary becomes the estate of the insured. If there is a will the administrator of executor will have the benefits to pay for last expenses and then pay out as the State Law mandates. If there is no will the magistrate or probate court will assign an administrator or executor to handle these items.
They have a court order to obtain the money. They could garnish the income from the life insurance. She doesn't get a free ride, she has to pay it back somehow.
The Bankruptcy Court has every right to claim the proceeds of a life insurance policy once you are declared by them as insolvent.
Her estate will be the beneficiary of the life insurance. You will have to show the Letter of Authorization from the court to the insurance company. They will issue the check to the estate.
If the divorce decree states that life insurance must be held naming the ex spouse as beneficiary (and any other conditions), then the ruling lasts until another court ruling. You are out of luck if you didn't get it added to the divorce decree in the first place. However, if you are parents of young children, it would serve you both well to hold a life insurance policy naming the other as beneficiary.
You would have to ask the specific court that ordered it, but based on the little information provided, it could be a life insurance policy to provide for child support or alimony obligations in the event of your death.