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speedball1 · Oct 26, 2012, 07:46 AM

My name is Sharon . I need your help.

I need an attorney but don't know what kind to go to. I had and have Durable Power of Attorney, we tried to change his benifitierys on his life insurance policy on Friday but the lady at his company that handles that blew me off told me we could do it on line but by the time we tried 6 times and found there was no way to save the changes the 800 number was from 9:30 AM to 6 pm Eastern time and it was 6:30 pm ESt then he passed away on the Sunday. They say since I didn't /we get it changed before he died that I can't change it now. My DPOA says before and after his death and states that I can add or delete or change benificuaries on insurance policies and we tried to change it before he died. It's not right.

It was set up for 40% to go to his son and 40% to go to his daughter and at that time I was listed as friend then it on one page showed me as spouse and friend, we married June 7th, 2012, for 20%.($10,000 to me) He wished to change it to me 100% as primary and change them to contingent. Can you help me?

Fr_Chuck · Oct 26, 2012, 07:57 AM

Sorry no, they are right, it had to be changed before his death, your POA ended at his death and is no longer valid. This may have been his wishes, but it is too late now to change.

An attorney will merely cost you money and really not get anywhere. You needed to have gotten a form either printed online and/or from a local agent and filed or post marked prior to his death.

It will not be changed now, even if he had written it out on paper before, unless it was done formally on their paper work, it is not valid.

Wondergirl · Oct 26, 2012, 08:03 AM

DPOA ends at death.

As far as I know, a life insurance policy names beneficiaries that can be changed only before death and only on their paperwork by the insured (no one else).

joypulv · Oct 26, 2012, 08:19 AM

As far as I know, you couldn't have completed the change of beneficiaries either over the phone or online, which is why it wouldn't 'save' and why you got nowhere on the phone, because signatures are required. They might have wanted a notarized copy of the POA too. They aren't just going to make changes that easily, what with so much online fraud, and even off line fraud. So you were just too late.
I went through something similar before my dad died, to the tune of about 30,000, on our deed to the house. It happens.
Added to all that, his children might have sued, given how last second it was, claiming that he had no intention of changing the policy.