Legal Question in Insurance Law in Ohio

Life Insurance

I am the named beneficiary on my Dad's life insurance and he passed away in December. I sent the necessary claim forms and a original death certificate to the insurance company(IC). My sister, who is no where on the policy, sent IC a letter saying that she is contesting the beneficiary designation on the policy. IC is stating they will not pay either claimant until the dispute is resolved and we have 30 days to work it out between us. In my sister's letter to IC, they are claiming she says there is ''forthcoming legal action in this matter''. IC says ''if not resolved, they will make its own interpleader motion to the court and request to be allowed to turn over the proceeds to the court and be excused from the matter.'' I have asked for a copy of my Dad's actual policy from IC and have yet to receive it. I am the executor on my Dad's will and also was his Power of Attorney. I would like to know why if I am the stated beneficiary, how is it possible that she can make this claim and possibly get this money that was never intended for her. Do I have any recourse? My Dad made it clear in his will that my sister was not to receive anything. I have Nursing Home/Funeral bills of my Dad's that are now starting to get past due. Please help.


Asked on 2/08/07, 1:54 pm

1 Answer from Attorneys
Willard Hanner Hanner Law Firm

Re: Life Insurance

Anybody can claim anything. For obvious reasons, the insurance company does not want to make the decision as to who is entitled to the proceeds. If it makes the wrong decision, it may end up paying twice. That's the reason for the interpleader. So the court can decide. But, in order to prevail, your sister would have to prove that your father was either incompetent to make such designation or that he acted under coercion or duress. Was your father incompetent? Do you know what the circumstances were of him making the designation? You really should get a lawyer involved.

Read more
Answered on 2/08/07, 3:27 pm


Related Questions & Answers

More Insurance Law questions and answers in Ohio