So you think you are the legal beneficiary?

sportage

Lifer
Feb 1, 2008
11,492
3,162
136
I guess you can call this a public service duty of sorts.
A warning.
So you put someone down as your beneficiary, or they you, on those financial documents.
Your bank accounts, your retirement 401K, your life insurance policy, that pension.
And you assume all is well.
That you and your love ones will be fully protected.
Think again.........

Here are some of what you should ALWAYS have in hand (meaning in your possession), incase the unthinkable happens to you or your loved one(s).

An official marriage license WITH the raised state seal (for those married folks).
Your official birth certificate also with the raised state seal. Never just a copy.

Both documents should always be in your possession.
Where you can get to them right away.
Never kept in some safe deposit box.
Not in your friends safe.
Not in your relatives safe, regardless of the relationship of that relative.
But only kept in YOUR home. In YOUR possession. Somewhere very close by.
In a drawer. In YOUR safe in your home. In a fireproof box in YOUR closet.
Rule of thumb, somewhere just as long as you can get to it without leaving your house.

Why I bring this up is with my own personal experience, in witnessing the nightmare a close relative of mine is and has been going through after the death of a spouse.

They were married 40+ years, had three kids, bank accounts, pensions, wills, life insurance, mortgages.
And just because a persons name is down as a beneficiary on some financial form or insurance policy meant diddily squat in the end.

You could be married for years and years, have kids and kids, family, friends, but if you cannot prove that fact with legal documentation, meaning birth certificates and marriage license, your are screwed big time.

You might as well have never been married at all.
Kids? Children? Ha... big deal.
Means nothing in proving that you were the intended beneficiary. The spouse.

In this close relatives case, they were married 40 some years ago, in a small town.
Very small town.
Sure, they had an official legal state sealed marriage license. Kept it in the in-laws safe.
A courtesy offered long ago by an in-law with a nice fireproof safe in the home.
Why not? Sounds logical.

Trouble was, ten years later that safe, which also contained a valuable coin collection, was stolen by someone(s), possibly connected by business or blood relationship.
No one was ever caught. No one ever confessed. Still a mystery.
But the safe, never the less, gone.
As well as the coin collection, and all the documents it contained.
One of which just happened to be a marriage license.

But who cares? No one expects to lose a spouse, especially when they are still considered young and healthy. Full of life and still setting goals.

But shit happens. Usually when least expected.
And proving the surviving spouse is the legally intended beneficiary when it comes down to bank accounts, pensions, insurance policies, retirement savings plans, proving that fact takes far more than the obvious that the two were married, had raised children, or put some name down on a financial paper in the slot labeled "beneficiary".
All meant nothing, in the end....

So now you need proof of that original marriage license, suddenly, that license that disappeared along with the coins and that safe.
Should be pretty simply to get reproduction of that legal document, right?
Wrong!

That small township has no idea where your marriage license was, is, or might now be located. So much has changed over 40+ years in that sleepy little town.
Records, what records? The court house was moved. Then the township changed.
Beats me what happened to all those records, you are told.

So the bank holds the account. The insurance company will hardly talk to you at all, especially ever handing you over an insurance check, without that legally recorded marriage license in hand. The one with the raised state seal. That license the whereabouts is completely unknown.

So there you are. Forget about grieving, you spend your nights crying, your mornings on the phone, and your afternoons running all around just trying to prove something you never in your life imagined you would have to prove to anyone.

And all just because you do not have those legal, not copies, but legal documents in hand.
Not one institution will believe that you were ever married at all.
To them, that never happened.
And that beneficiary named on the various financial forms, might as well be written in invisible ink. Doesn't exist.

So as my relative goes through this nightmare, day after day, for weeks now, I offer this warning to all.
A name on some paper means nothing when it involves death of a spouse or relative, never mention non relative.
Legal proof is what you need, and they all will only insist on that.
Legal documents. Original, or officially legally reproduced papers.

So regardless, always have two things available in your home, at your finger tips, in a moments notice.
1. Your official "raised" state seal birth certificate for ALL family members.
2. Your official state seal marriage license (if applicable).
Never copies. Only the official raised state seal documents will do.

Because, if and when the unthinkable should ever happen to a spouse or a brother or a sister, a parent, or a child, you do NOT want to be caught trying to prove something you never imagined you would have to ever prove to anyone.

And placing a name down as a beneficiary, or having your name as one, means noting.
You might as well put down the name Pee Wee Herman for kicks.
Because proof, legal proof, is all that matters.
And when you have to spend all your time, especially in a time of grieving, do prove the obvious, well that situation you do not want to be placed into.

So many people might think none of this applies to them.
Why risk it?
Better make sure you have your legal documents act together.
And better NOW than later, when time has ran out.
 

Farang

Lifer
Jul 7, 2003
10,913
3
0
i think this is the year the patriots fall far.. theyve been crumbling for awhile now
 

mistercrabby

Senior member
Mar 9, 2013
962
53
91
Good post. Agree 100%. Also, if you have significant, complex assets and/or children a living trust or will is an absolute must. Make sure your family has copies and understands it. Sometimes a difficult conversation to have, but it's better for you to state your wishes than for your family to have to pay lawyers and a judge sort it out, right?
 

TwiceOver

Lifer
Dec 20, 2002
13,544
44
91
That's very unfortunate and all, but you never elaborate on why not a safe deposit box? If both you and SO are signatories on the box then all is fine.

In my case, me wife and my parents are all on our box. So something really bad would have to happen for someone to not be able to get in that box.
 
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goog40

Diamond Member
Mar 16, 2000
4,198
1
0
What if the safe in your home was stolen? Aren't you stuck in the same situation?
 

FallenHero

Diamond Member
Jan 2, 2006
5,659
0
0
What if I poop on my hands, smear it on my face, and charge at you like a crazed monkey during the retrieval of your documents? WHAT HAPPENS THEN?!?!
 

mistercrabby

Senior member
Mar 9, 2013
962
53
91
So...isn't this stuff on file where they can just get another copy from the state?

It should be. However, it is a hassle to order and can take several weeks. Official records do get lost. Especially adoption and family court records.

Again, the times you need this stuff is not the time you want to be farting around, right?
 

darkxshade

Lifer
Mar 31, 2001
13,749
6
81
40 years ago was a different time. I'm sure it was not out of the realm of possibility for physical copies of official documents to get lost/destroyed. I would like to think in this day and age that it should be near impossible if they've been digitized and stored electronically with multiple backups. I recently ordered a copy of my birth certificate and the website mentioned the physical copy had been converted and would have to be located electronically. So while I have a copy for myself, barring some major catastrophe, it would be hard to believe my record could be permanently lost.

Anyway my point is that if it was lost before the conversion then that sucks but since I was able to order a copy of mine, I'm quite certain I'm safe now.

Also, why wouldn't a state issued ID/passport with social security card work?
 
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drebo

Diamond Member
Feb 24, 2006
7,034
1
81
If Obama doesn't need an official "raised state seal" birth certificate to become President, I don't need one to claim insurance!

Fuck this shit!

Also, you don't give any details. I'm sure there's more to the story that you've conviniently left out. Marriage isn't a requirement to be a beneficiary or to have a joint bank account. Neither is American citizenship (read: birth certificate.)
 

JEDIYoda

Lifer
Jul 13, 2005
33,986
3,320
126
If Obama doesn't need an official "raised state seal" birth certificate to become President, I don't need one to claim insurance!

Fuck this shit!

Also, you don't give any details. I'm sure there's more to the story that you've conviniently left out. Marriage isn't a requirement to be a beneficiary or to have a joint bank account. Neither is American citizenship (read: birth certificate.)
How do you know what he filed was did not have a raised seal??
 

Dr. Detroit

Diamond Member
Sep 25, 2004
8,380
818
126
Serious Question:

So if they can not prove they were married - who is the beneficiary?

The children correct, so the children would then come forward with birth certificates and claim the assets?

Pension does not go to children though, only the spouse - sames as SS benefits?
 

jaedaliu

Platinum Member
Feb 25, 2005
2,670
1
81
question:

doesn't the absence of a will (which is the OP's situation) a name and SSN as the beneficiary of the accounts and no contested spouse mean that the money goes to the listed beneficiary?
 

dud

Diamond Member
Feb 18, 2001
7,635
73
91
OP, if you want to post informative information here:

1) Keep it as short as possible. The attention span of the average user here is short.

2) Keep the drama to a minimum.

I've been both an executor and a beneficiary of an estate and the whole process is relatively painless. I encountered none of the issues noted ... and we used a safe deposit box. If you choose to keep important personal documents at home in a safe then you are accepting the risk that something like this could happen. Remember, the world is fraught with theves. You HAVE to be able to prove who you are and that you represent who you say you do.
 

smitbret

Diamond Member
Jul 27, 2006
3,382
17
81
40 years ago was a different time. I'm sure it was not out of the realm of possibility for physical copies of official documents to get lost/destroyed. I would like to think in this day and age that it should be near impossible if they've been digitized and stored electronically with multiple backups. I recently ordered a copy of my birth certificate and the website mentioned the physical copy had been converted and would have to be located electronically. So while I have a copy for myself, barring some major catastrophe, it would be hard to believe my record could be permanently lost.

Anyway my point is that if it was lost before the conversion then that sucks but since I was able to order a copy of mine, I'm quite certain I'm safe now.

Also, why wouldn't a state issued ID/passport with social security card work?

I was able to get a duplicate of my Birth Certificate within 48 hours for about $30 from the State of Idaho.

OP, it sounds like you just got excited about your PayDay and are so blinded by raw greed that you can't think straight.
 

allisolm

Elite Member
Administrator
Jan 2, 2001
25,185
4,738
136
I don't understand why you would need a marriage certificate to prove you were the beneficiary. If the beneficiary is named, the relationship should be immaterial. You can leave things to anyone. I would think all they should have to prove is that they are the named person. :confused:
 

kranky

Elite Member
Oct 9, 1999
21,019
156
106
I don't understand why you would need a marriage certificate to prove you were the beneficiary. If the beneficiary is named, the relationship should be immaterial. You can leave things to anyone. I would think all they should have to prove is that they are the named person. :confused:

A major reason is that people are often counseled not to name their spouse as a beneficiary because if they get divorced, people don't remember to go back and update beneficiaries on insurance, 401ks, etc. There are plenty of stories about ex-wives and ex-husbands receiving 401k funds that should have gone to the deceased's current spouse.

So people get told to name their beneficiary thusly: "The person I am married to at the time of my death". And that's why they demand proof of the marriage, as the beneficiary wasn't directly named.
 

allisolm

Elite Member
Administrator
Jan 2, 2001
25,185
4,738
136
A major reason is that people are often counseled not to name their spouse as a beneficiary because if they get divorced, people don't remember to go back and update beneficiaries on insurance, 401ks, etc. There are plenty of stories about ex-wives and ex-husbands receiving 401k funds that should have gone to the deceased's current spouse.

So people get told to name their beneficiary thusly: "The person I am married to at the time of my death". And that's why they demand proof of the marriage, as the beneficiary wasn't directly named.


Ahh! Never have been counseled to do such. Guess it's a damned if you do, damned if you don't kind of thing. The OP said that the person was specifically named, so it wasn't making sense to me.