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Re: beneficiary challenge

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Posted by Agent on September 18, 2006 at 17:21:14:

In Reply to: beneficiary challenge posted by joan digregorio, phd on October 12, 2003 at 22:23:41:

Joan

Your case is complex and if the life insurance policy is substantial, you need to talk to divorce attorney and / or estate attorney.

If he died with the beneficiary being his ex wife, it might be an uphill battle afterwards.

You will most likley need a court order or legal action to change this.

Sorry to be so vague, but this is more of a legal question, not an insurance question.

Agent


: My living together fiance' of 11 years , retired naval officer died in 8/04 after a four year battle with colon CA. I was his primary caregiver. He was married to his wife of some 39 years and was attempting to secure a divorce during2003-04. All life insurannce policies were through Navy Mutual Aid and the beneficiaries were set in the late 1970's when he retired. Once the wife filed for divorce the policy were "frozen" by the courts. By fiance' tried to offer many very fair settlements to her over the course of the months of the divorce proceedings, but she refused all, even though Florida, our home state is a 50/50 no fault state and there are no minor children involved. In effect, she appeared to be "waiting out" his death. In fact he was hospitalized with pneumonia in August 2004 and even though he was D/C home for therapy, he dies 36 hours after he returned. At that time I had been his Health Care Surrogate for a number of years and I was also his Durable Power of attoney- but both my fiance and I thought the durable power of attorney would adhere after death. His active divorce file showed many attempts to change his beneficiary status, but blocked by the divorce process. Any suggestions would be appreciated. Thank you JOan Di Gregorio




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