Can a Beneficiary Be Changed After Death in NY? What Families Need to Know

 In New York, once a person passes away, the ability to change a beneficiary of their estate or life insurance policy is generally not possible. However, issues such as disputes over designated beneficiaries or allegations of fraud can complicate matters. This guide explains how beneficiary changes work in New York and what steps families should take in case of disputes.

Understanding Beneficiary Designations Can a Beneficiary Be Changed After Death in NY? What Families Need to Know

In New York, when someone names a beneficiary for their life insurance policy, retirement account, or other assets, they are specifying who will receive those benefits upon their death. Beneficiary designations are crucial because they can bypass the probate process and go directly to the named person or entity, providing a more streamlined transfer of assets. Once a beneficiary is named, the individual or entity remains the beneficiary until the policyholder’s death unless actions are taken before death to modify or update that designation. Changes can be made during the policyholder’s lifetime through amendments, but once the person passes away, the designation is typically final.

Can a Beneficiary Be Changed After Death?

Generally, after death, beneficiary designations cannot be altered. Whether it’s a life insurance policy, retirement account, or trust, the designated beneficiary is typically entitled to the benefits specified in the policy or will. However, there are certain instances in which a change or challenge to the designation may be legally pursued. These exceptions primarily involve legal disputes, fraud, or cases of undue influence.

Ted Trief (Partner)

Life insurance attorney since 1976

Barbara Olk (Retired)

Life insurance attorney since 1976

Eyal Dror (Associate)

Life Insurance Attorney since 2007

When someone contests a beneficiary designation after death, it is usually based on one of the following:
  • Claims of Fraud: If it is suspected that the deceased was misled or defrauded into naming a particular beneficiary, the designation may be subject to legal scrutiny. 
  • Undue Influence: If someone believes that the deceased was pressured or manipulated into choosing a specific beneficiary, they may seek to contest the designation in court. 
  • Disputes Among Family Members: Family members may contest a beneficiary’s status if there are disagreements about what the deceased intended.

What Happens If a Beneficiary Dies Before the Policyholder?

In some cases, the beneficiary may predecease the policyholder. If the beneficiary is deceased, the benefits typically pass to a contingent beneficiary, if one is named. If no contingent beneficiary exists, the benefits may go to the estate of the policyholder and be distributed according to the terms of the will or, if there is no will, under state intestacy laws. In New York, there are provisions under the law that dictate what happens in these situations. For example, if a policyholder’s will does not specify an alternative beneficiary in case of death, the estate may be required to distribute assets according to the default laws of intestacy, potentially resulting in beneficiaries that the deceased might not have intended.

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Challenging Beneficiary Designations in New York

If you believe that the beneficiary designation was made under false pretenses or undue influence, it is possible to challenge it in court. Here are common scenarios where a challenge may be appropriate:
  1. Fraudulent Activity If the beneficiary was named under fraudulent circumstances, such as someone forging the policyholder’s signature or lying to them about the terms of the policy, this can be grounds for a legal challenge. Proving fraud often requires substantial evidence, such as witness testimony or documents showing the deceased person’s true intent. 
  2. Undue Influence or Coercion If a person was unduly influenced or coerced into naming a particular beneficiary, a challenge may be made. For instance, if a caregiver or family member exerted control over the deceased person to change their beneficiary designation, the courts may intervene if the deceased person’s true intentions were manipulated. 
  3. Invalid or Incomplete Documentation Another reason for challenging a beneficiary designation is if the form or document naming the beneficiary was not filled out properly or was unclear. Incomplete forms or forms that do not meet the legal requirements may be deemed invalid by the court. 
  4. Witnesses to the Will or Designation If there were witnesses to the signing of the beneficiary designation or a will that named a beneficiary, and those witnesses testify that the person was not of sound mind or was pressured into signing, their testimony may help challenge the designation. Additionally, medical records or testimony from healthcare providers could be used to prove that the deceased person lacked capacity at the time of signing.

Life Insurance Denial Statistics

20%

The annual average number of life insurance claims denied.

$50 Million

The yearly average dollar amount of claims denied by life insurance companies.

.2%

The number of claims appealed annually by consumers.

Steps to Take When Faced With a Beneficiary Dispute

If you find yourself in a situation where you need to challenge a beneficiary designation or face a dispute, consider the following steps:
  1. Gather All Relevant Documents Start by gathering all documentation related to the beneficiary designation, including life insurance policies, wills, retirement account statements, and any other documents that indicate the designated beneficiary. Also, ensure you have access to the deceased person’s medical records and any other pertinent information. 
  2. Consult With an Experienced Attorney A legal expert specializing in life insurance claims or estate law will be invaluable in navigating a dispute. The attorney can help you understand your legal options, whether you are the person contesting the beneficiary designation or the one seeking to defend it. 
  3. Consider Mediation In some cases, it may be worth pursuing mediation to resolve the dispute without going to trial. Mediation involves a neutral third party facilitating discussions between disputing parties to reach a settlement. While mediation is not always successful, it can be a faster and less expensive alternative to a lengthy court battle. 
  4. File a Lawsuit If Necessary If all else fails, you may need to file a lawsuit in New York to resolve the beneficiary dispute. This can be a complicated and costly process, but it may be necessary if the case involves fraud, undue influence, or contested legal documents. A skilled attorney will guide you through the necessary legal steps.

Settlements & Verdicts

$3 Million Policy

William Penn Life Insurance

$1.2 Million Policy

Primerica

$1.5 Million Policy

Metropolitan Life Insurance Company

$1 Million Policy

Protective Life Insurance

$675,000 Settlement

Confidential Settlement

$4.3 Million Policy

State Farm, Primerica, Farmers, BrightHouse

What to Do if You’re the Executor

As the executor of the deceased person’s estate, you have the responsibility to ensure that their final wishes are followed. This includes making sure that life insurance policies, retirement accounts, and other assets are distributed according to the named beneficiaries. However, if there is a dispute over the beneficiaries, you may need to take steps to defend the current designations or challenge them, depending on the situation. If you’re faced with a contested beneficiary designation, it is your responsibility to uphold the deceased’s intentions as best as possible, while also complying with New York state laws. Working with a legal team will ensure that you take the proper steps to handle the dispute and avoid any personal liability. In New York, once someone has passed away, it’s typically not possible to change the beneficiary of their life insurance or other assets. However, in cases involving fraud, undue influence, or legal disputes, beneficiaries can sometimes be contested. If you find yourself in a situation where a beneficiary designation is under dispute, it’s crucial to consult with an attorney to protect your rights and ensure that the deceased’s true intentions are respected. If you need assistance with a beneficiary dispute or life insurance claim denial, Trief & Olk is here to help. We offer a free consultation to discuss your case and guide you through the legal process.

To learn more about this subject click here: Beneficiary Change Looks Forged: How to Prove It and Freeze the Payout