One of the primary benefits of life insurance is that it is supposed to pay out immediately after the insured passes away. However, that cannot be done, if it is not clear who the beneficiary should be.
Life insurance can be used in estate planning, in Cincinnati and elsewhere, for several reasons. One of the primary reasons it is often suggested is to provide beneficiaries with much needed cash while the rest of an estate gets settled. However, that does not always go smoothly, as a recent case involving MetLife illustrates.
In that case, a policy holder passed away and the insurance company filed a case in court requesting that the court determine to whom it should pay.
The deceased had originally named his wife as the beneficiary. However, he later switched beneficiaries and named his girlfriend.
The company was not sure what to do, since there was evidence that the deceased had been impaired by a stroke when he changed beneficiaries.
This case is reported in a BNA - Pension & Benefits Daily article titled "MetLife Stuck Between Wife and Girlfriend in Benefit Battle."
MetLife requested to be allowed to exit the lawsuit it filed, since it had deposited the policy funds with the court and had no stake in whether the proceeds were awarded to the wife or the girlfriend.
The court refused to allow MetLife out of the case, because they did not follow their own policies.
The company policy is to only allow beneficiaries to be designated in writing.
However, when naming both the wife and later the girlfriend as beneficiaries, MetLife had allowed the deceased to do so by phone.
That means both the wife and the girlfriend, whichever one loses, has a potential counterclaim to make against MetLife for negligence.
Remember: “An ounce of prevention is worth a pound of cure.” When making your estate plans or when probating an estate or administering a trust, do not go it alone. Be sure to engage a Cincinnati estate planning attorney.
For more information about estate planning, probate or trust administration in Cincinnati (and throughout the rest of Southwest Ohio) and to review free resources regarding estate planning, probate or trust administration, visit my website. If you have questions regarding this article or a particular legal matter, feel free to contact me at 513-399-PLAN (7526).
Reference: BNA - Pension and Benefits Daily (Sep. 11, 2017) "MetLife Stuck Between Wife and Girlfriend in Benefit Battle."