In Florida, once the insured person passes away, the life insurance policy becomes a fixed contract, and the beneficiary designation cannot be changed. This means that the person listed as the beneficiary at the time of death is generally the one legally entitled to the policy proceeds. However, disputes often arise when there are questions about fraud, undue influence, divorce, or conflicting designations.
The General Rule: No Changes After Death
Under Florida law, a life insurance policy is considered a binding contract between the insurer and the insured. Once the insured dies, the terms of that contract “vest,” meaning the rights of the named beneficiary are locked in. The insurer must pay the proceeds to the beneficiary listed on file — even if family members claim the insured “intended” to make a change but never completed the paperwork.
The Florida Supreme Court has consistently held that post-death beneficiary changes are invalid, as only the policyholder had the right to make or revoke those designations during life.
Common Exceptions and Legal Challenges
While the rule is strict, certain situations may allow a challenge to the named beneficiary or a reallocation of benefits:
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Fraud or Undue Influence
If someone coerced or manipulated the policyholder into changing the beneficiary — such as an elderly person pressured by a caregiver — Florida courts may void that change. -
Divorce and Florida Statute § 732.703
Florida law automatically revokes ex-spouses as life insurance beneficiaries in most cases after divorce, unless the insured reaffirmed the designation post-divorce. This statute prevents unintended windfalls to former spouses. -
Failure to Follow Policy Procedures
If the insured tried to change beneficiaries but failed to complete the insurer’s required forms, a court may decide whether there was “substantial compliance.” If not, the previous beneficiary remains valid. -
Beneficiary Disputes and Interpleader Actions
When multiple parties claim the same benefits, insurers often file an interpleader action in court, asking a judge to decide who is entitled to the funds. This is common in cases involving divorced spouses, stepchildren, or handwritten changes.
What Happens When No Beneficiary Is Listed?
If the insured dies without a valid beneficiary, the proceeds are typically paid to the estate of the deceased. This can complicate matters, as the funds may be subject to probate and creditors’ claims — delaying payment to heirs.
What to Do If You Suspect an Improper Beneficiary Change
If you believe a life insurance beneficiary was changed under suspicious circumstances, it’s critical to act quickly. An experienced Florida life insurance attorney can:
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Review the policy and designation forms
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Investigate whether fraud, coercion, or mistake occurred
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File a claim or challenge through an interpleader or declaratory judgment action
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Negotiate with the insurer to preserve your rights
Bottom Line
A life insurance beneficiary cannot be changed after death in Florida — but that doesn’t mean every designation is valid. If you suspect fraud, undue influence, or a wrongful beneficiary change, you may still have legal remedies. Acting fast and seeking qualified legal help can make the difference between losing and protecting your rightful claim.
Have you or someone you know been denied a life insurance claim? Contact Florida Life Insurance Claims Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
