My parent passed away recently, and they had a form filled out and signed to change the beneficiary, but had not

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Customer: My parent passed away recently, and they had a form filled out and signed to change the beneficiary, but had not submitted it. And I got a letter from the insurance saying the benefits, and that I get 25% I have a feeling that the other person on there was from a previous relationship that ended years ago So she should not actually get the insurance money
JA: Estate laws vary by province. What province are you in?
Customer: Ontario
JA: What documents or supporting evidence do you have?
Customer: I'm what means? I have the beneficiary change form that was signed and dated but not submitted
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Qell6 Well The next of kin, who the police came to notify, is my step mum, who was still legally married to my father at the time.
Answered by Debra in 4 mins 1 year ago
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Debra
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Debra
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172532 Satisfied customers
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10+ years of experience
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Debra
10+ years of experience
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172532 Satisfied customers

Jessica

Jessica

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31,131 Satisfied customers

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

Customer
Good to know. Thank you!
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Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

I am sorry for your loss and to hear of this difficult situation.

What form do you mean?

Customer
Thank you. I'm not quite sure what was input as the question. But the form I have is Is for a change of beneficiary. And it is signed and dated by the deceased but it was not submitted I believe.
Customer
I don't know if beneficiaries are allowed to no of the identity of other beneficiaries?
Customer
the whole story is that my dad and my stepmom had separated but not legally divorced and since then my dad had dated and was engaged unofficially I guess you would say to another woman for a. And then they split up. And then years later my father was in a committed relationship with someone else and also was engaged to them. That significant other had fallen very ill around the time that my dad had Is written and signed the beneficiary change form. And then that was December 20th
Customer
Is 2019. And this past February 12th 2021 that significant other passed away. And then on May 23rd or 24th my dad passed away. And the change of beneficiary form that we found dated 2019 December saiDecember said that they wanted to change their beneficiary to their partner and myself My dad's daughter.
Customer
Also thank you for your condolences.
Customer
my stepmother was listed as next of kin according to the police officers who got the call and went and found her to notify her of my dad's passing.
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Debra, Expert

Did you show the paper to the insurance company and they said it was not good enough since your dad never submitted it?

Customer
I just message my stepmom to ask her about that period I was there when she was speaking to them initially and/or it might have been the manager of the business that my dad worked for so I think she mentioned it but I'm not sure I'm asking her to clarify
Customer
My stepmom just said that she told the insurance company about it but they didn't want to talk to her about the insurance.
Customer
Or they just didn't want to talk to her about it.
Customer
But we do still have the form. Well she has the form with other documents and such that we found at my dad's apartment. But it is signed and dated.
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Debra, Expert

I don't believe they can accept it. How would they know whether your dad meant to send it in or changed his mind.

Unfortunately, without substantial proof of his intention I think you are going to be stuck.

Do you see what I mean?

Customer
Stuck how.
Customer
What about a Facebook message saying when they passed they wanted the money to go to me, and i keep 50% and divide the other 50% how I see fit.
Customer
My step mum as next of kin, could she fight for the insurance money? And could she fight for the other person's portion or would she have to fight for the whole thing?
Customer
what if no one was appointed as the executor?
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Debra, Expert

There is a will then the will governs. If no one was appointed as executor in the will then one of the beneficiaries has to apply to administer the estate.

If there is no will then if there is a legally married spouse they inherit a good part of the estate and the kids inherit as well.

Common law spouses do not inherit if there is no Will.

Posting on facebook does not count as a will.

Customer
It wasn't a Facebook post, it was a message.
Customer
There is no will.
Customer
As far as we know, the next of kin was not one of the beneficiaries.
Customer
can she still apply to be executor or do I need to?
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Debra, Expert

The next of kin is set by law.

As I explained, if there is a legally married spouse they inherit a good part of the estate and the kids share in it as well.

One of the beneficiaries should apply.

A facebook message is not a Will.

Customer
OK. I was just thinking of it as resembling intent. Is the estate the life insurance?
Customer
What does next of kin set by law mean?
Customer
Would tbe legally married spouse override the other beneficiary on the life insurance?
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Debra, Expert

The life insurance does not form part of the estate unless it says the beneficiary is the estate.

The next of kin is the spouse. If there is no spouse it is the kids. If there are not kids it is parents, and then siblings etc.

The life insurance goes to whomever is listed as the beneficiary.

Customer
what does the estate consist of?
Customer
Is there a way to fight the fact that someone who shouldn't be beneficiary is?
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Debra, Expert

The estate is everything they owned.

No there is no way to fight someone who is designated as a beneficiary.

Customer
Really?
Customer
They didn't own much. Just tbe stuff in their apartment.
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Debra, Expert

Yes really.

Then that is the estate.

Customer
Even though she had nothing to do with the person for years and defamed them after death. And had nothing to do with taking care of the apartment or any of the arrangements?
Customer
Are investments that are through work and somehow part of the same thing as tbe insurance part of the estate?
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Debra, Expert

The law is clear. He had to leave a will and change the beneficiary.

Customer
a Stanger gets to take my dad's money?
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Debra, Expert

No the person he chose gets to take his money. It's not fair to you but it was his mistake I suppose.

Customer
there's nothing I can do? She gets to just have the money..
Customer
https://www.google.com/amp/s/www.singleton.com/2019/01/supreme-court-of-canada-revokes-an-irrevocable-life-insurance-designation-for-beneficiary/amp/
Customer
Does that mean anything?
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Debra, Expert

It means a lot but just doesn't apply in your case.

In your case your father failed to change the beneficiary.

In the case you were reading about the man changed the insurance policy's beneficiary unlawfully because his former wife was promised the insurance benefits and she paid the premiums instead of him paying them.

Customer
OK.
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Debra, Expert

I am really sorry this happened to you.

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
What do you mean by make a new post?
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Debra, Expert

If you have a new question then you can start a new post, from scratch. It won't cost you anything and it allows me to be paid again. We just get paid once per post. So all this time I got paid one fee at the start and then all the rest is for free.

Customer
Oh OK. So I write something on the website?
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Debra, Expert

If you want to start a new post you can do so here:

https://www.justanswer.com/law/expert-debra/

Customer
OK. Thank Hou!
Customer
You!
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Debra, Expert

Anytime.

Customer
Thank you again.
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Debra, Expert

Anytime.

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