How to claim Super money if you're nominate as a beneficiary?

Question

couple of weeks ago i found that i was nominate as a beneficiary for my x paetner who passed ayway six months ago but he had child from another woman which he dint want in first place which and he din't hav any contact wit the child and the mother whatsoever anyway i didnt know anything bout it till his mate told me about this super money anyway so when i rang his super yesterday at first she denied it's not under my name and when i asked her to re chceck again she said i was just the nominee but they trusty decided to give that money to the child even though it's under my name.Now i'm just confused it that because it's been 6 months and i din't go inform the super or that's the policy??Does anyone know???Is there anyway i can contest thier dicision??I went to see my soliciter and he's gonna send letter to the insurance but i just wanna to know if any one has idea thanx

Answer 1

First, I would like to offer my condolences.  Since I am unsure of the state and/or country in which this case takes place, I am going to give you a generalized answer to your question.  If after reading my answer you wish to disclose the above information, you can either list it under additional details or send me an email if you prefer.

Since your partner who passed away six months ago nominated you as the beneficiary you should have received the portion you were due.  However, it seems that your partner's will if one was present list a trustee.  The question is a bit difficult to answer without knowing if a will was drafted before your partner passed.

Normally in a will a beneficiary, trustee, or executor is named.  In this instance it is unclear as to whether this was the case.  If so, the trustee is responsible for collecting all assets of the deseased, pay all outstanding debts, and then distribute the remaining assets to the named beneficiaries.  If you were named the sole beneficiary then this responsibility would have fallen upon you.

Since you were not aware of this information until after six months of your partners passing, the case may be that the will was attested in probate court to have you removed as the beneficiary and a trustee and/or executor take your place. Usually the individual who is attesting the will files a motion in probate court.  Then a notice is placed in the newspaper for all interested parties to the matter to see, so that the interested parties (named beneficiary) such as yourself can appear in court to attest the motion that you be removed as the beneficiary.  In this instance it is most likely that you missed all of the above and the court granted the motion.  

However, if you were named as a beneficiary and were entitled to receive monies, you should have received the monies that the deceased wished you to have once the trustee and/or executor collected all of the deceased’s assets and paid all outstanding debts.

If you wish to add additional details to your question so that I can elaborate on what course of action was most likely taken to prevent you from receiving the monies the deceased wished you to have and to clear up the outstanding questions that I was unable to answer without the information.  If you prefer not to list such personal details under your question, please feel free to email me.

Best wishes.

ADDITIONAL INFORMATION:

Go to my profile page and click on where it says send guardianangel an email.  I tried to do this on your profile, but you do not allow emails.  If you want me to email you back you will need to include your email address.  I will keep an eye out on my inbox.

Hope to hear from you soon.