Of course you can Contest the Beneficiary of Life Insurance. The question will be Do you have a chance at winning?
Life Insurance is all about insurable interest and the beneficiary is generally a person or entity which stands to loose financially from the death of the insured.
So, if you have an interest with the insured, stand to loose something then you may have a chance to win. It will depend on the situation and the court of law will make that determination.
Not very easily. Life insurance beneficiaries are binding, and it normally takes a court action to undo the designated beneficiary. In fact, it is harder to contest the beneficiary of a life insurance policy than it is to contest a will. If you are in that situation, get a good attorney, gather all your facts and supporting data, and be prepared to put some money and effort into the challenge.
Business Development Officer, T.D. McNeil Insurance Services, Fresno, California
It is extremely difficult to contest a life insurance beneficiary. A life insurance policy is not subject to probate. That means that there isn’t a court supervising the distribution of proceeds. However, a probate court could be petitioned, If the owner of the policy was mentally incapacitated when the beneficiary was designated. Some courts might hear a petition based upon remarriage, adoption or other major life changing events not being recognized by the owner.
Yes the beneficiary can be contested with a very good lawyer. This is a very tough up hill battle. You almost have to prove some type of fraud or the beneficiary was changed after the policyholder was mentally incapacitated. Because life insurance proceeds are paid directly to the beneficiary they do not move through probate and there is no judge to oversee it. My suggestion would be to find out the beneficiary prior to death if possible. It is much easier for the policyholder to make that change than a judge.
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Life Insurance is all about insurable interest and the beneficiary is generally a person or entity which stands to loose financially from the death of the insured.
So, if you have an interest with the insured, stand to loose something then you may have a chance to win. It will depend on the situation and the court of law will make that determination.