How do I claim a deceased person's insurance policy? 12 Answers as of December 20, 2011

If the insurance policy lists the girlfriend as beneficiary, the policy proceeds belong to her. She will need to file the claim. Usually the insurance company sends a claim form to the party listed as beneficiary.

I am sorry for the loss of your father. And I am certain this isn't the answer you were hoping for, but there is little that can be done. If your father was in possession of the necessary mental capacity at the time he designated his beneficiary, and if there is no indication of misconduct (i.e. fraud, undue influence or criminal involvement in your father's death by the beneficiary), your father's choice of beneficiary will be honored by the insurance company. If you suspect the presence of misconduct or capacity issues you should consult an attorney who can assist you in determining if there is a sufficient basis to challenge the beneficiary designation.

Inheritance of an insurance policy is governed by the beneficiary designation supplied by the owner of the policy to the company. If you have reason to suspect that the designation was not the policy owner's true intention you should consult a probate attorney to review the situation and advise you.

Insurance policies pass outside of probate and to the payee named in the policy. If you believe your father lacked capacity to designate his girlfriend as his payee or that she exercised undue influence to be named payee, you could file a lawsuit in chancery court and request that his policy become a part of his estate.

If you are not the beneficiary of the policy, you can't claim it. If he named his girlfriend, she would get the proceeds.

I'm not sure I understand your question - are you saying that you believe you are entitled to collect on this policy even though someone else is named as the beneficiary? Generally speaking, the insurance policy will pay out to whomever the owner names as the beneficiary.

Nothing at all. If he named the girlfriend, the money is hers. That cannot be changed.

Nothing unless her name was fraudulently put on the beneficiary designation or if you have evidence that she exercised undue influence.

If your father named his girlfriend as the beneficiary to his insurance policy, thenthe money is hers, absent a showing of fraud or that he had changed it under duress from her.

Do you mean the girlfriend is the beneficiary on the policy? If so, you cant claim it, unless the signature was obtained by fraud. A father has no obligation to name an adult child as a beneficary on a policy of insurance unless previously ordered by the court.