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We all know that life insurance policies pay a benefit on the death of the individual who owns the policy. The holder of the policy can name any person their beneficiary. The beneficiary is usually a spouse or child. However, there are occasions when an unusual beneficiary is named.
Here is a true story of unusual events, where a man named a woman in an illicit affair as beneficiary instead of his wife and child. This is a story of great frustration, loss [url=http://www.1855sacramento.com/woolrich.php]woolrich bologna[/url] and yet a difficult but fair ending to tragedy.
In California, with very few exceptions, the wishes of the decedent are followed in a beneficiary designation, the form you fill out saying who is to receive proceeds on death. Most states follow the California rule. The beneficiary is paid the proceeds of the policy, even if at first blush it seems inconceivable and unfair to the family. This is Celeste's story.
The decedent, Jeremy (names have been changed) was residing in California and married [url=http://www.1855sacramento.com/moncler.php]moncler sito ufficiale[/url] to Celeste for almost six years. They lived three great years as husband and wife but soon that would change. Celeste and Jeremy worked to support themselves, but Celeste became pregnant. After during preganacy she had to quit work because of pregnancy complications. Unfortunately about this time, Jeremy lost his job in construction due to the economic downturn. With both [url=http://www.thehygienerevolution.com/barbour.php]barbour paris[/url] out of work, they could not afford the health insurance Cobra payments.
Celeste eventually gave birth to Stuart, a young blue eyed strapping child that looked the spitting image of Jeremy. Celeste recalls he was a proud papa that day in the hospital. They went home shortly to start a new life as parents, with all the expectations and excitements, mixed with the confusion of caring for a new child. Celeste had [url=http://www.sandvikfw.net/shopuk.php]hollister sale[/url] to resume working to support the family. Jeremy, still out of work, was to watch and care for Stuart, as day care would rob them of the benefit of Celeste's return to work. They barely made ends meet, but were happy for six months. To protect each other and young Stuart, they each bought a life insurance policy designating the [url=http://www.rtnagel.com/airjordan.php]jordan pas cher[/url] other as their beneficiary, paying for benefits on either of their deaths.
Unfortunately, as Jeremy remained unemployed, he became increasingly frustrated with himself, depressed and began to drink alcohol daily. Celeste found out he was drinking during the day while watching Stuart, and so had to hire day care. They began to fight, and predictably, Celeste demanded he clean [url=http://www.vivid-host.com/barbour.htm]barbour uk[/url] up his act. Their bills for the birth of Stuart remained unpaid. No matter how much she tried to emotionally support Jeremy, he further withdrew, and remained despondent.
On Stuart's second birthday, Jeremy did not come home. He was still not working, and had taken some of his things with him. Celeste did not know where he had gone. He left her with over $50,000 in debt, rent for their apartment payment and the continued need for day care. Unknown to Celeste, Jeremy found a "friend", a woman in Arizona. He met this woman in California, the details unclear, but moved in [url=http://www.mquin.com/giuseppezanotti.php]giuseppe zanotti sneakers[/url] with her for several months. Finally, Jeremy called one day to tell Celeste that this "friend" had supported him through his tough time. He begged to come back and Celeste agreed.
Jeremy came home, and was different, seemingly renewed. The "friend", a female, would call from time to time, and eventually introduced herself to Celeste, always complimenting her on her great effort to raise Stuart and the strength to take Jeremy back. The friend assured Celeste their relationship was platonic. Jeremy got some temporary work and was at least paying some of the large debt that had accumulated.
But Jeremy's new found enthusiasm soon evaporated. He once again slumped into despair. Whether frustrated at his job or home, he would not sy. In the two weeks before his death, he was caught drunk on the job and lost the temporary position. He kept his job loss a secret, advising that he had to go out of state for a job [url=http://www.achbanker.com/home.php]www.achbanker.com/home.php[/url] in Arizona. He returned several days later, but one morning, while Celeste was at work, his truck went off a cliff and he was killed. Celeste's nightmare was about to worsen.
The "friend" called to wish condolences after his death, but before the funeral. She offered to help Celeste in any way that she could, agreeing to speak at the funeral. After his funeral, which cost $5,000 that Celeste did not have, Celeste applied for the modest life insurance policy to help pay off the many bills that had been accumulated. She was told she was not the beneficiary. Shocked she asked who, and was told the Arizona "friend" had been named as beneficiary when Jeremy had moved out of the house almost 1 year before.
Celeste called the "friend" and asked her to resign her interest. That request was declined. The 'Friend" declared "apparently he wanted me to have this money." Celeste after consulting with several attorneys, and told she had little chance of winning a case, asked Celeste to at least pay for the funeral and some of Stuart's birth medical bills, that were Jeremy's obligations as well. The "friend" refused.
Wouldn't you think this is an obvious case of unfairness? Unfortunately, the lawyers that she interviewed all knew California law is very inflexible, usually awarding the beneficiary the benefit of the decedent's last wishes. Celeste had no evidence that Jeremy had changed his mind and wanted his wife and child to have the insurance after his return from Arizona. In [url=http://www.mansmanifesto.fr]doudoune moncler homme[/url] fact [url=http://www.rtnagel.com/airjordan.php]nike air jordan pas cher[/url] a week before his death, he had visited this "friend " again, and by now it is obvious he was having an affair. Can you see a way for her to win favor and the benefits?
Totally despondent, she consulted with an attorney that believed in her cause. The success of this case turned on three fair propositions;
1. The parties mutually agreed to have policies of insurance. There was an unexpressed but arguable promise that the surviving spouse was to remain a beneficiary. Changing that designation breached the oral agreement.
2. Since the policy was paid for with community property assets, the wife should be entitled to at least one-half of the benefits, despite the designation form.
3. Finally, Celeste had not only paid with community property, but she was the one who earned almost all the money after the birth of Stuart, and so she paid for the entire policy. Why should someone else gain, gain from her payments.
When she filed [url=http://www.vivid-host.com/barbour.htm]barbour uk outlet[/url] her claim the "Friend" hired an attorney who advised that Celeste had no chance of winning and insisted she drop her suit. Thankfully an arbitrator felt otherwise, and awarded this hard working single mom the entire policy of insurance and costs of the lawsuit.Greed did not prevail. If you found the three above factors to be convincing to you in this true story, then you have experienced the real thrill and yet awesome [url=http://www.1855sacramento.com/woolrich.php]woolrich outlet[/url] responsibility of a lawyer, when helping those in need and in life.
Injury victims have relied on Author and accident trial lawyer James Ballidis to help them with recovery after an accident or devastating injury. You can obtain free useful books he has written to help manage an accident claim, or find a qualified attorney for your case. Call now 866 981-5596 or visit his California injury website.

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