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Contesting life insurance beneficiary

contesting life insurance beneficiary

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The document might have been presented to them as something else, like an insurance policy or other legal documents.When a life insurance policy is disputed, it becomes a legal issue.My stepdad recently passed away.If the reading of a will brings unhappy surprises, some interested party who feels wronged is likely to phone their lawyer on the way home from the funeral.In a In a community property state, the spouse shares ownership in all property the couple acquires after the marriage, and an executed will only applies to the deceaseds half of the marital property.If your lawsuit does not meet certain requirements, it might be better to deal with the dispute outside the courts.Probate Litigation, Trust Litigation, Resources, Other Resources, Estate Planning, It is possible to contest the beneficiary of a life insurance policy after the death of the insured in a variety of situations.Therefore, a court will decide, not the insurance company.How Do I Determine If Its Worth It To Contest A Will?Excluded family members often claim the policyholder wasn't competent to make the contract, or they might argue a new beneficiary might have had undue influence over the policyholder. Divorce.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).This is especially true when the change in beneficiaries occurs near the end of the insureds life.Other Considerations, in the current culture which boasts a 50 percent divorce rate, one of the most common reasons for a will contest is that the deceased remarried and never remembered to change his or her will to reflect the new beneficiaries.All state laws tend to protect spouses and children from complete disinheritance.An insurance policy is considered an ironclad contract unless fraud or mental incapacity can be proved.In will contests, these close relatives are most likely to prevail in court.Getting this overturned might not be easy, as the law favors spouses, even ex-spouses, in such disputes.Make a Will Online Now.But knowing just the basics can help you to craft better Last Will and Testaments, which reflect your true desires, avoid family disputes after you are gone by being as simple, clear, and fair as possible, or successfully contest a will in circumstances where you.This kind of oversight leads to situations in which an ex-spouse inherits an estate, even if the divorce was many years prior.