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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.

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โˆ™ 2015-07-15 21:34:43
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โˆ™ 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.

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Q: Can the beneficiary named on a life insurance policy be changed by a court?
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Related questions

If you are the beneficiary how could a friend claim the life insurance through probate?

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


What happens if someone dies and has no beneficiary on his life insurance policy?

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.


What happens to the proceeds of a life insurance policy if the beneficiary is unclear?

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.


Is the surviving spouse the legal beneficiary of a life insurance policy if no one is named beneficiary?

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.


Can a life insurance company give out information on a policy to someone that is not the beneficiary or the owner of the policy?

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


What happens to a spouse when an ex girlfriend is left as the beneficiary on an old life insurance policy?

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.


Can life insurance be paid if the beneficiary was changed before the insurer was determined incapacitated?

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.


Who can legally change the beneficiary on a life insurance policy if the insured is deceased?

A judge, if there is a good enough reason presented to the court.


Can the beneficiary on a life insurance be changed after the person has died if a new form has been found?

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.


How do i find out the name of the life insurance company so you can cash in your policy?

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.


Can a husband change his wife as beneficiary of his life insurance policy without notifying her in the state of California?

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.


Must spouse be beneficiary of life insurance policy?

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.

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