right intentions, wrong "box" checked life insurance beneficiary fiasco

[ktduner]

Hello,

My father died 6 months ago. I called his insurance company and found out that there was a form he had filled out just after his divorce 4 years ago changing beneficiaries from his wife at the time and two sons to just 1 son (ME) for total control of the money to dispurse per his WILL requests.

That form he filled was completed properly EXCEPT he checked the "box" for OPTIONAL life insurance instead of the "BASIC" life insurance he posessd.

MIND YOU HE NEVER EVER POSSED AN "OPTIONAL" LIFE INSURANCE......

(ALSO THE BOX(S) ARE JUST NEXT TO EACH OTHER AND EASY TO IMPROPERLY CHECK OFF)

The insurance company is saying they are reverting to the previous policy beneficiaries due to this "error"

If he never posessed an "OPTIONAL" policy why would they let if got to the filing cabinent for 4 years and not correct the problem when he was alive???

Is there anything that can be done to get this solved the right was my father intended?
He is probally rolling in his grave right now!!!!

I have already tried the statute pertaining to Divorce revoking beneficiaries and they say Federal law overrides state statutes.

This isn't about the other son, just the ex-wife that he wanted off the policy.

I have a copy of his will stating I get 2/3% and brother gets 1/3%. Part of my 2/3% is to pay off some of his debts. Now I cannot do that properly.

What grounds does the insurance company have to revert to a policy that they "approved" for 4 years and then decides to revert back due to a box checked improperly (which again he never posessed)

Does his will and/or errored form give me any legal pull?

Thanks in advance,

Kevin

 

[lwpat]

Will and Life Insurance

Life insurance passes directly to the beneficiaries and is not a part of the estate. You do not have to use this money to pay any debts or to fund any bequests out of the will. You are also not personally responsible for any debts as the executor.

If the proceeds are substantial then you need to consult with an attorney.

 

[ktduner]

I wasn't worried about how to spend the money, I want to make sure I get the 100% like my dad's "improperly check box" form wanted. Right now I only get 33%. That wasn't his intentions at all. ANY person that looked at this situation can clearly see that, so why is it such a battle with the insurance company? Again, I want to make sure my dad's EX-WIFE does not get it at all. That is why he change the beneficary form in the 1st place.....I want to pay off some of his debts (house/car) so probate won't take them away from his girlfriend still living there. She was the one taking care of him until he died!


Kevin