Beneficiary Disputes

When more than one person believes they're entitled to a life insurance or account payout, the money on the line is often larger than the rest of an estate combined.

Many of the cases we handle involve disputes over who should receive the life insurance benefits or proceeds of an investment or retirement account. Whether someone has contested a designation in your favor, or you feel you have the basis for a contest, we can help. We have two decades of experience in both defending and contesting beneficiary designations.  It is not easy to contest a life insurance beneficiary or account beneficiary designation.  But often millions of dollars of proceeds are at stake. 

Beneficiary disputes can be complex. In order to understand how these disputes work, it’s important to understand how a beneficiary is designated, what can lead to a dispute, how designations can be challenged, and the interpleader process. We represent those who defending a designation or are contesting a designation.

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The importance of beneficiary designations

Life insurance is considered a “non-testamentary asset”, because the proceeds are not controlled by a will. Instead, the life insurance policy is a contract between the person who purchases the policy and the insurance company. Unlike most insurance, the policy isn’t for the person who purchases it - it’s for the benefit of a third party, like a spouse or child.

Who receives the policy benefits isn’t determined by a will. The owner of the policy names who will benefit from the policy, which is usually defined in the insurance contract - not a will. The person named (or designated) in the policy is called the beneficiary. This beneficiary will receive the life insurance payout upon the insured's death.

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Contest of a life insurance beneficiary designation

A designation may fail or be successfully challenged for various reasons.  These may include:

  • Failure to provide the designation in a beneficiary change form that satisfies the insurance company

  • Failure to update the beneficiary after a major life event 

  • The insurance company may contend the designation is unclear

  • A designation in favor of an ex spouse may not be valid

  • A designation must be made with someone who possesses sufficient mental capacity to make the change.  This is particularly common with a last-minute beneficiary change. 

  • A designation may be made by someone who is subject to undue influence or duress by the person who benefits from the designation

  • The beneficiary may have caused the death of the insured

  • The designation may be in violation of a court order

  • A designation may be in violation of a court decree

  • The designation may attempt to transfer community property assets

There may also be disputes when it appears the insured attempted to make a designation, but was not able to complete the act.  The insured may have instructed an agent to change the beneficiary, but the attempt may have been rejected. This may implicate the doctrine of substantial compliance. 

We often handle cases in which the designated beneficiary hires us because someone else  has claimed they should receive the life insurance benefits.   This may require an aggressive court fight to determine the rightful beneficiary. 

If you are involved in a potential beneficiary dispute, it is important to act quickly to contact a lawyer experienced in handling life insurance beneficiary interpleader disputes.

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Frequently Asked Questions:

Life Insurance Beneficiary Disputes

Watch “How Life Insurance Beneficiary Disputes Are Resolved’

This information is provided by Texas Life Insurance Lawyer J. Michael Young from the law firm Wynne Smith & Young PLLC..

Mr. Young is a recognized authority in handling life insurance disputes. He has spoken to groups of estate planning lawyers on how to recognize and evaluate life insurance beneficiary disputes.

You can read more about this topic in an article he has published on the Dallas Bar Association website: Recognizing Life Insurance Beneficiary Disputes.

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