Legal Question in Wills and Trusts in New York

Problem with life insurance beneficiary

My Aunt's husband (of 4 years)died suddenly and there were two life insurance policies. The HR dir. at his office said one was stopped when the company reconfigured 2 years ago, but still has value (whole life?)The problem is the named beneficiary is an old girlfriend, but the name on the form is incorrect (has his last name and lists her as wife). What steps should my aunt take?


Asked on 6/20/07, 9:50 pm

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: Problem with life insurance beneficiary

Your aunt should consult an attorney who can review the designation of beneficiary form and determine if legal action is warranted.

Generally, a designation of beneficiary is binding on the insurance company and can be changed only by the owner of the policy. In addition, since the policy becomes payable at death of the insured, your aunt is probaly out of luck.

The only possible saving issue is that the last name on the form is your aunts.

If that and the listing as wife is the only identifying information on the beneficiary form, your aunt might make an argument.

On the other hand, if the form lists an adrees and/or a social security number or date of birth, she is probably out of luck.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

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Answered on 6/21/07, 8:59 am


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