Can a person that is the second beneficiary receive the benefits from a life insurance policy even though the primary is alive?

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Can a person that is the second beneficiary receive the benefits from a life insurance policy even though the primary is alive?

My girlfriend’s mother passed away in March. My gf’s father just found out that he was not the primary beneficiary for his wife’s life insurance policy, he is the second beneficiary. The primary is his step daughter, his wife’s daughter from another marriage, that has done nothing but stolen from and caused many other problems for the family. The daughter is unaware that she is the primary. Is there anything that the father can do so that he can receive the benefits from the policy instead of his step daughter?

Asked on June 18, 2009 under Insurance Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Not really.  As primary she is entitled to be paid first.  Unless you can prove some kind of duress or such when the insured named her as beneficiary, I'm afraid that there is not much that you can do.  Additionally, proving duress,etc. will be difficult if not impossible considering that she was the daughter.

 


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