1. 37376 POINTS
    David G. Pipes, CLU®, RICP®
    Business Development Officer, T.D. McNeil Insurance Services, Fresno, California
    Consult with an attorney. It is very tough to show that a mistake was made by the insured when selecting a beneficiary. However, there are attorneys who will litigate cases like this and you should seek advice. You will probably have to prove some coercion or loss of mental capacity on the part of the insured when the change was made.
    Answered on February 18, 2015
  2. 10968 POINTS
    Tim Wilhoit
    Owner, Your Friend 4 Life, Brentwood TN
    This question begs another question. Is the insured alive or deceased? if the policy owner usually the insured is alive, they can simply fill out a change of beneficiary form to replace you as primary beneficiary and the children as contingents. If the policy owner is deceased, you will have a tough legal battle on your hands. Proving an insurer made a mistake on something as important as a beneficiary is tough, unless you have a copy of the original paperwork showing the correct change. If the children are minors and you are parent or guardian, you will control the proceeds anyway. Good luck.
    Answered on February 18, 2015
  3. 14231 POINTS
    Tom Sheehan
    Agency Owner, The Thomas G Sheehan Agency, 27 Glen Road Sandy Hook, CT 06482
    The Owner of a Life Insurance policy is free to make any changes to that policy by sending a signed form into the insuring company. No one but the owner of that policy is free to do so. Generally, the named insured is also the owner, but this does not necessarily have to be the case. If the insuring company and the insured's Insurance Professional have documentation that the change was requested by the policy owner, I think you might have a difficult time arguing the point and it might have to be taken to a court to decide if such a change was made by illegal or coercive means.
    Answered on February 19, 2015
  4. 63333 POINTS
    Peggy Mace
    Most of the U.S.
    I agree with the men: you will have a difficult legal battle on your hands to prove that the life insurance company made a mistake by changing the beneficiary from you to children. They cannot touch the beneficiary without a signed form from the policy owner. If you feel that form was forged, you can hire an attorney to assist you in proving that.
    Answered on April 15, 2015
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