New Jersey  |  Insurance Law

Legal Question

Asked on: 2/29/12, 12:15 am

Extremely long story short...I am the former wife & designate beneficiary on my ex-spouses group life insurance policy & pension plans. We were married in 1999 & divorced in 2003. Prior to getting married I was the beneficiary on his other policies from employers. This particular one was obtained in 1999 & I have been the beneficiary on file from day one. After my ex's passing in 2007, I contacted his employer to start the claims process. At that time I was informed that his sister called before he died and had contested his designation. One month before his death she was appointed a his "limited guardian" due the fact he was incapacitated. When appointed she sent the employer a new & incomplete designation form naming his estate. The employer said they had it in his file but never made the change because she was only granted "limited guardianship" & there was not an additional court order specifically authorizing her to make such achange. Again since I initiated this claim in 2007, I have been ignored, lied to, shuffled from person to person, department to department always getting the say answer...sorry for the delay, I should have an answer for you within the next week.

Same issue but a whole bother story...

I recently received a copy of a check, the insurance company deposited into the NJ state trust fund department. Apparently in August 2001 they obtained a court order allowing them to do so. Unsuccessful to date, I have called the trust fund department, the employer, the insurance company, ERISA, the court records department, surrogates office, the law clerk & the judges chambers for the status & update on this case or any guidance that could be provided. Am I contracting the proper entities? As the former spouse & designated beneficiary, on file at the time of death, what law, statues, regulations, etc protect my right concerning the legalities thus far. More importantly, disheartened & discouraged by the lack of assistance from all I have contacted to date, who do I seek out for support in this matter?

Sincerely,

Left in the Dark

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