Legal Question in Wills and Trusts in Connecticut

Beneficiary

Hello,

My ex-Fiance passed away in 2003. we had been broken up for about 5 years.We jointly owned a home together, but that was settled by our attoneys about a year ago. I am named as the sole beneficiary on his 401k policy and his life insurance policy through his employer. His mom is Executor of his estate. Over the years he had conveyed to family members of mine, and his best friend, that I was still his beneficiary,and he wanted it that way. Well, his mother is trying to say that he told her, that his employer was suppose to remove me as his beneficiary, but they never did. Also, on the policy, the word Fiance is used in conjunction with my name. Is this,and the fact that his mother is trying to say that, ''I was supposed to be removed as beneficiary,'' grounds for me not to be able to make claim to the 401k and insurance policy?

Thank-You.


Asked on 1/06/04, 9:25 pm

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Re: Beneficiary

Good question. Usually, the result is that if the decedent didn't change the beneficiary, then you get the money. The fact that the clause identifies you as "fiance" might make a difference, but I doubt it. You were his fiance at the time he named you as beneficiary, and I don't think the fact that you later broke off the engagement means that you automatically are removed as beneficiary; he would have had to have taken some affirmative step to remove you.

The real question is: Did he actually convey to his employer a direction to remove you? If he did, and the employer neglected to remove you, that still doesn't necessarily take you out of the picture. His estate might have a lawsuit against the employer, but my thought is you'd probably still get the money. This is true for both the 401K and the life insurance.

If you'd like to talk to me about this, call me at 860-233-6336.

John Heffernan

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Answered on 1/07/04, 10:42 am


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