What to do if my mother failed to change the beneficiary on her life insurance policy before she died?

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What to do if my mother failed to change the beneficiary on her life insurance policy before she died?

My mother passed away about a month ago. I recently was informed that she left a life insurance policy to her life partner (same sex partner). After speaking with and talking with my mother about things if she were to pass, this was not suppose to be left this way. She had informed many family members and friends that this partner was controling and she was preparing to leave her in the coming months. My mother passed unexpectedly and this was never changed. With the information my mother had a controling partner and finding out the insurance agent that this policy was through was her partners friend, is there a way to contest the policy or offer a settlement before going to court?

Asked on March 18, 2013 under Estate Planning, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.   There is something in the law known as an "Interpleader" where an insurance company can deposit the funds from the life insurance policy in to court if it is contested.  Generally speaking, the beneficiary designation governs but if it is alleged say that there was undue influence or another basis to contest the designation then you can send an official communication to the insruance company requesting that they interpelad the funds.  I would speak with an  attorney to send the communication.  Good luck.


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