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

My father recently died and his insurance policy has the name of his girlfriend. What do I do?

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Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
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.
Answer Applies to: Minnesota
Replied: 12/20/2011
Martin Barnes - Attorney at Law
Martin Barnes - Attorney at Law | Martin Barnes
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.
Answer Applies to: Indiana
Replied: 12/20/2011
Law Offices of Frances Headley | Frances Headley
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.
Answer Applies to: California
Replied: 12/20/2011
Law Office of Matt Potempa, PLLC
Law Office of Matt Potempa, PLLC | Matt Potempa
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.
Answer Applies to: Tennessee
Replied: 12/20/2011
Martinson & Beason, PC
Martinson & Beason, PC | Douglas C Martinson II
If you are not the beneficiary of the policy, you can't claim it. If he named his girlfriend, she would get the proceeds.
Answer Applies to: Alabama
Replied: 12/20/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    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.
    Answer Applies to: Arizona
    Replied: 12/20/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Nothing at all. If he named the girlfriend, the money is hers. That cannot be changed.
    Answer Applies to: Georgia
    Replied: 12/20/2011
    Bullivant Houser Bailey PC
    Bullivant Houser Bailey PC | Darin Christensen
    Nothing unless her name was fraudulently put on the beneficiary designation or if you have evidence that she exercised undue influence.
    Answer Applies to: Oregon
    Replied: 12/20/2011
    Harville-Stein Law Offices, LLC
    Harville-Stein Law Offices, LLC | Dean D. Stein
    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.
    Answer Applies to: Alabama
    Replied: 12/19/2011
    Glojek Ltd | Joseph E. Redding
    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.
    Answer Applies to: Wisconsin
    Replied: 12/19/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If at his death the girlfriend is the beneficiary of the insurance policy, then the insurance proceeds belong to the girlfriend. Insurance does not have to go to relatives.
    Answer Applies to: California
    Replied: 12/19/2011
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    Beneficiaries are the winner of this issue. The girlfriend will receive the funds unless she contributed to his death.
    Answer Applies to: Georgia
    Replied: 12/19/2011
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