Legal Question in Insurance Law in Florida

Beneficiary Designation

My daughter is named as a partial beneficiary on a life policy along with the sole heir to the decedent's estate. The policy was effective 7 days prior to the insured's death, but the enrollment form with intial beneficiary designation (together as one form) was not delivered to the employer (Group Life) prior to death. This initial enrollment form was found after the insured's death and subsequently delivered to the insurance company. The form was completely filled out, signed, and dated. The decedent's sole heir is claiming that since the original beneficiary designation was not delivered, it is not effective and the policy proceeds should go through the estate. It seems that there should be consideration for the fact that the insured was ill and died only a short time after completing the form. Help?!?!


Asked on 1/02/08, 2:43 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Beneficiary Designation

He is correct.

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Answered on 1/02/08, 8:29 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Beneficiary Designation

The answer can be determined from the terms of the life policy itself. Usually, the policy requires the designation papers to be delivered to the company. Without delivery, there is no designation and the funds will go to the estate.

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Answered on 1/05/08, 10:35 pm


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