Deceased husband never sent in beneficiary papers.What can wife do?

Question

My sister's husband recently passed unexpectedly.She was made beneficiary on his insurance papers (just enough to bury him and a little left to live on for a short time), but we found he forgot to sign the beneficiary pension papers.We know he thought he signed them.What are her options to the penion benefits?

Answer 1

Surely as she is his wife, the benefits will devolve to her anyway.

Maybe she should have checked the papers before offing him?

Answer 2

Usually it becomes part of his estate, if he didn't name anyone. Then, it has to be probated. That is really a shame, because the great thing about insurance is that it passes outside of the estate--if the decedent ( dead person) names a beneficiary. Your sister needs to see an estates lawyer asap. You didn't mention if her husband had a will. An estate lawyer can help her.She may have to go to court to be appointed to settle the estate.

Sorry for your loss.

Answer 3

Your sister needs to see a lawyer.  I wouldn't want to give you the wrong advice, but in my job I do deal with insurance plans and you have to be enrolled in the plan in order to be eligible for benefits.  When you enroll, you designate the beneficiary(ies) and pay into the plan, and you sign the papers.  Without that enrollment, he was not an active member of the plan at the time of his death.  I don't know how much money was involved.  Was it an ERISA plan?  Your sister's husband really needs to see a lawyer that handles plaintiffs' insurance claims.  If he *was* enrolled and there's just a defect on the form, then I would think the money passes to the surviving spouse anyway.

Answer 4

If he didn't sign them, then there's nothing you can do about that now.  You would think that a beneficiary would have been named when the insurance was first taken out.  If so, then that beneficiary will get it.  If not, then it will go to his estate, and then be distributed according to his will.  Did he have a will?  If not, the estate will probably go to his wife anyway, although it may take time to go through probate.

Answer 5

I believe that it would be up to the estate court to decide in the inheritance process.

Insurance is 100% contracted that is if it follow the state's regulation.

Answer 6

since they are married she may be in luck id talk to a lawyer

Answer 7

If she is currently his legal wife, she is the beneficiary  If they are legally married, he would have to have her permission to make somebody else the beneficiary.  Just take in the marriage license. Or go to a probate lawyer.