What can I do if my wife passed and upon filing for her insurance I was notified that I was not the beneficiary?

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What can I do if my wife passed and upon filing for her insurance I was notified that I was not the beneficiary?

We were married for almost 12 years and have an 11 year old son, who was also not named in the policy. My wife had brain cancer and was operated on but was not the same after. Do my son and I have grounds to contest the beneficiaries, who are her sister and her daughter (by another marriage), on the grounds that due to her illness that she did not realize that she had left out my son and I from the policy?

Asked on January 9, 2015 under Insurance Law, Virginia

Answers:

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

Answered 6 years ago | Contributor

It all depends on just when she took the policy out. If it was after her surgery, it also depends on whether or not there is proof of your wife's mental incapacity at the time; legally there are strict requirement for this. The fact is that just because you and your son were not named as benficaries is not in and of itself proof that your wife did not intend to omit you both; legally a peron does not have to name their spouse or child as a beneficiary on their life insurance policy. At this point, you should consult with an attorney.


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