Filing a Life Insurance Interpleader
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Filing a Life Insurance Interpleader Case in Florida
There are many types of life insurance disputes in Florida, with interpleader cases being on the rise today. Divorce and change of beneficiaries are some of the most common reasons that lead to such cases where the insurance company is not sure who should be receiving the benefits. The company can neither keep the benefits nor can it release them to the claimants. In this case, the benefits stay with the court until the matter is settled.
The law of a life insurance interpleader in Florida can involve Federal or State claims.
Federal Rule vs. State Rule
When a life insurance company files an interpleader case in Florida, there are various ways it can be handled. According to the federal statute, if the life insurance company and the claimants are citizens from different states and the claim is worth more than $500, this interpleader may be filed in Federal Court. Otherwise, the life insurance company may file the interpleader for life insurance benefits in a Florida state court.
When is the best time to get a Florida Interpleader Lawyer?
Last minute changes of beneficiaries and divorce are some of the events that result in conflicts in claiming the benefits. If you suspect that you may be entitled to life insurance benefits, the best time to contact a life insurance attorney in Florida is as soon as possible. If during the change of beneficiaries the insured was under duress or was unduly influenced, this may result in a conflict between the long-time wife, kids, and the new spouse or even a caregiver.
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The Most Common Allegations in Life Insurance Interpleader Cases
There are common allegations that take place for an interpleader case to be filed. One claimant says that the insured did not have the capacity to make changes in the contract, or the changes were made just a few weeks prior to the death, or the owner was unduly influenced to make the change. It may be common for the insured to be under undue influence if they are on their death bed when the last minute change is made, as some of the beneficiaries could be selfish. If a claimant suspects there was foul play in the distribution of benefits, then an allegation will probably be made by the person not receiving the benefit. A Florida state or federal court life insurance attorney at the Law Offices of Jason Turchin should be consulted in this case.
Avoiding Interpleader Cases
To avoid your family going through a life insurance interpleader case, it is best that you state everything clearly in terms of the beneficiaries as soon as you change your mind. You may consider having a witness who is not related to you and who has no interest in the change. Although the insurance company will ensure the benefits are released to the right person eventually, this could reduce the inconvenience to your family and prevent the company from paying twice or risk having an interpleader lawsuit filed in Florida.