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Weird insurance question here.... I'll leave out all the intrigue and drama, which would take up a few pages. Thank you in advance for any assistance. Just found out that my X was the owner on a policy that his father set up for our son, and my X changed himself to beneficiary and took all the money. The other 3 grandchildren had different Owners on their policies, so they received their insurance money. This happened when my X father-in-law passed back in 2009 and my son was then 16. What luck do we have winning an insurance dispute in this situation? I would have helped my son to dispute this sooner, but I didn't know the policy existed. I can't find any articles on the internet about this type of dispute. Son = beneficiary, father = owner (because son was a minor), Grandpa was insured. If you need more information, please feel free to email me at lilalovecraft @ gmail .com
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Mar 31, 2013 04:52
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| # ¿ May 2, 2024 15:10 |
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Jastiger posted:If you don't mind, I'll try my best at this one on the forums so maybe others can learn or chime in. The reason is because this is getting into lawyer territory. I slept on it overnight and realized that I gave you incorrect information. When the policy was written, son was both beneficiary and insured. Grandpa set up the policy and made all the payments. Father (my X at the time), was the owner. Grandpa did the same for the 3 other grandchildren, only they had nicer Owners, who did not steal their $. They all got their insurance money. These policies for all the grandchildren were meant to go to the grandchildren. I'll try not to get longwinded.... I was married to X for 14 years and son came along in year 6ish. When son was 5, father had a big fight with grandpa and took the original policy and cashed it out then took the $ and bought himself a motorcycle. So I was married when the original policy was taken out. Soon as the divorce was final (I think it was final or darn near final), Grandpa sent his agent to me to sign permission for another policy to be set up for my son. I signed. Like a dumbass I didn't write down the company, but thought I remembered the name. Grandpa was pissed at me for divorcing his son, so I didn't dare ask him NOT to make my X Owner (again) or give me a copy etc. Grandpa was a combination or grand old European Pa-Pa, who liked to run everyone's affairs and also very idealistic (but nice in his crazy way). When Grandpa passed in 2009 I wrote to the company that I thought had the policy and they said they had no information. I wrote to all the other big ones and no luck. Now I'm thinking maybe they refused to give me information, even though I signed my son's name (with his permission) to the letters. Maybe they figured that since my son was out of the picture, they didn't have to reveal any of the stinky details. So then I thought, well, Grandpa maybe didn't get around to setting up a 2nd policy since he was so pissed off at me for the divorce. I was never allowed back in their house after the divorce and used to sit outside in my car in the snow, when I sent my son in to visit, because my X never took our son over there to see them. Now my son just ran into one of is older cousins. (X rarely used visitation and never took son around his family again after Grandpa died, so this is the first time son has seen anyone since the funeral.) This cousin ranted and raved on how son's father stole son's insurance $ and how she wanted to help get it back. Probably the same agent or company was used for all of the grandchildren's policies, so she might be of some help. Another wrinkle... X just served me, asking to be relieved of child support, saying that son is emancipated. Our son is still in college, nowhere near emancipated, and since he has high functioning autism and ADD, it will be a while before he stand on his own 2 feet. He turns 20 next month. In NY, where this all takes place, the standard is for child support to go until 21, unless the kid becomes self-supporting. (I'll be helping out son for years with college etc... -- long after age 21.) I also was served to move the family court thing from my NY County to X's and all sorts of allegations about me "absconding with child" and "fled somewhere maybe Florida." I moved to Florida in January. My lawyer told me it was legal to move out-of-state once kid hit 18, provided I kept X and Court informed of address and phone etc... This I have done and have proof in emails etc... X is making it all up. X also changed the health insurance from NY Empire, which works all over the country to an HMO, what works only around his county. This after he's had Empire since 2000. So it's a humungous mess. Actually, he's in violation on the health insurance thing, because he didn't give notice he was planning a change, and it's required that he do so, and it looks like a stinky move. Not sure if it's just stinky or illegal. I am now going to counter-file and ask for a child support increase (I've only requested 1 increase since 2001). I will also in court bring up the insurance policy and ask for full disclosure on it, since he could be taking incremental payments. That way at least I can find out what was in it (maybe). I'm also going to bring up the $ from the house he rents out under-the-table (and doesn't pay tax on). I doubt he paid tax on the insurance $ either, which I think he had to as Owner. Not sure. One of the cousins received around 70K, but I think my son's is a lot less because it was drained once and he is 9 years younger than this cousin. I don't want to hire a lawyer unless the amount is worth going after. So I'm hoping in family court I can get disclosure. Anyway, I might hog up the entire forum, so after this will email you and then maybe one of us can make short updates from time-to-time on how the fiasco unfolds.
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Mar 31, 2013 15:20
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