If there was a Will made by the husband..and in that Will the husband left out the wife..then this matter would stay as is..and the wife will have to find other avenues to convince a judge by contesting the Will.If no Will is present,then this matter is dealt under the intestacy rules,and usually a probate,and the wife will have to prove her right to the Court. Life insurance alongwith all other estate matters are usually dealt within the Will in question..unless specific instructions in the Will have been left ,seperating the Life Insurance benefits from the Will. Take advice from a local lawyer.
For an insurance policy and/or retirement benefits it goes to the beneficiary designated. For a will, there could be grounds to contest it.
The owner of a life insurance policy has the right to choose the beneficiary. Another person has no power to change that choice.
No, you can get him to change the beneficiary and then the money that is claimed will be yours if it has been changed by your husband to your name.
No. The proceeds will be paid to the named beneficiary.
Legally and contractually the named beneficiary is the beneficiary.
You can contest who the payment was made in a court of law, but that is not to say you can stop the Insurance company from paying the money to the chosen beneficiary on record. The reason why people choose their beneficiaries is to avoid a situation like the aforementioned question. To make the process run more smoothly designating a beneficiary is necessary, otherwise the proceeds from life insurance could potentially move into the probate arena (where no one really wants it to go). So yes you can fight it at court but the insurance company is required to pay the premiums to the selected beneficiary, assuming said beneficiary is of legal age (otherwise it could be held in escrow). A judge could say that the recipient must pay a portion to someone else but that generally will not occur since the life insurance contract is a legally binding one in which the former insured has previously determined where the money is to go by way of the beneficiary election.
The legal system generally will allow you to contest anything you like. However, you chances of changing a designated beneficiary on someone else's IRA are slim. If you decide to contest a beneficiary, recommend you contact an attorney for advice.
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.
The beneficiary is the person to receive the coverage amount when the person covered by the policy dies. In the first instance, the beneficiary is named by the applicant when application for the insurance policy is made. Unless the beneficiary designation is made irrevocable, the insured is free to change the beneficiary at any time until his/her death. Unless some provision of law or contract renders the designation of beneficiary irrevocable, the beneficiary does not have a right to remain as beneficiary and ordinarily cannot contest a subsequent change.
This is in the Life Insurance category, and if the benefits you are talking about is the life insurance, then no, you won't get them. Not if the Aunt was listed as the beneficiary. If you are refering to the estate, than even though your Aunt may have been exclusively named, you as a child are allowed to contest the will. This not a simple formality, though, and will do little more than cause a lot of legal trouble for everyone. Consult with an attorney for advice specific to your situation. Or just respect your father's clearly wrote wishes and leave it alone.
No, only the policy owner (usually the insured) can decide who the beneficiary is on a life insurance policy. Life insurance has nothing to do with a will or estate distribution after someone's death. That's why it is imperative to keep the beneficiary section updated constantly based on the life changes; too many people who get divorced forget to update their life insurance beneficiary on the policy and benefit may go to the ex-spouse. Life insurance companies are bound by the contract that is the life insurance policy to only pay the beneficiary specified on the policy. If all beneficiaries specified on the policy are deceased, then the benefit will be paid to insured's estate.
A life insurance policy is a legal contract and is binding. Therefor unless there is fraud, there is nothing to contest.