What to do if my cousin just passed away and left 2 sons but had a life insurance policy in which he listed his ex-girlfriend as the beneficiary?

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What to do if my cousin just passed away and left 2 sons but had a life insurance policy in which he listed his ex-girlfriend as the beneficiary?

Is there anything or can anyone help the boys? They should be the ones receiving this money; the are 23 and 18.

Asked on March 21, 2013 under Insurance Law, Texas

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for the loss.  This is so unfortunate.  I would seek help from an attorney in your area on the matter as soon as you can.  Generally speaking his designation will stand and she will receive the money.  The boys can contest it and ask the insurance company to interplead the funds in to court but there needs to be a basis for same (undue influence, expressed intent of their father to have them receive the funds -which may not be enough - etc.).  Maybe it will lead to a settlement.  Good luck.


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