answersLogoWhite
Ask
Insurance
Life Insurance

Can the beneficiary named on a life insurance policy be changed by a court?

235236237
Answer

Top Answer
User Avatar
Wiki User
2015-07-15 21:34:43
2015-07-15 21:34:43

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.

1
0

User Avatar
Wiki User
2014-11-05 01:59:48
2014-11-05 01:59:48

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.

1
0

Related Questions

User Avatar

Under normal circumstances the named beneficiary collects the proceeds from a life insurance policy without court intervention.

User Avatar

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.

User Avatar

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.

User Avatar

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.

User Avatar

Generally not without a court order.Even the beneficiary should not be told if the owner is still alive and mentally competent.


Copyright © 2020 Multiply Media, LLC. All Rights Reserved. The material on this site can not be reproduced, distributed, transmitted, cached or otherwise used, except with prior written permission of Multiply.