Legal Question in Wills and Trusts in Georgia
Whose the beneficiary?
Our son had 4 to 5 year live-in girlfriend. He signed up for a $25,000 accidental life insurance with major credit card company through the mail. He made the girlfriend beneficiary, but submitted application using her first name and his last name. They did not marry though, they broke up. Months after breakup, he dies in car accident. He has 14 year daughter from a marriage, several years earlier, that he paid support to and kept in contact with. She has his last name. Since the ex-girlfriend's last name is diffent than name originally submitted, would the year old daughter be entitled to this life insurance money? Or would my wife and I be able to use money to help offset $10,000 in funeral costs that we paid? Also, the ex-girlfriend is long gone...possibly married.
2 Answers from Attorneys
Re: Whose the beneficiary?
It is the intent of the Son that governs. The girl friend is still the beneficiary unless you can prove that the name used as the beneficiary was NOT the girl friend. If she can not be found you may... probably not ... convince the insurance to pay the proceeds to your son's estate.
Re: Whose the beneficiary?
The issues involve a contract between your son and the insurance company. You may contact the insurance company regarding their policy in such matters; such cases are more frequent than you may know. It will be difficult to persuade the company to pay you or the young daughter rather than the named beneficiary if she can be located since such payment would expose the insurance company to a claim from the ex girlfriend, regardless of the incorrectly named beneficiary.
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