Questions and answers

A lawsuit filed by a stakeholder, usually a life insurer, that holds money it admits it owes but faces competing claims. It deposits the money with the court and asks a judge to decide who is entitled to it. Interpleader lawsuits.

In federal court, generally 21 days after service, or 60 days after the waiver request was sent if you waived formal service. The summons states the deadline.

Courts regularly hold that a named interpleader defendant who fails to answer forfeits any claim to the fund. The remaining claimants then divide it.

Sometimes. Many federal courts allow a disinterested stakeholder to recover reasonable fees from the fund, while others limit them, especially where handling claims is part of the insurer’s ordinary business. Claimants can oppose a fee request.

Some resolve within a few months by agreement or default. Contested cases often take a year or more, and appeals add time. The court’s schedule and how much discovery is needed are the biggest factors.

Often not for much of the case. Many filings and conferences happen electronically or by phone. Depositions and any trial may require travel, depending on the court.

It depends on the state, the date of the divorce, the divorce papers and the type of coverage. Many states automatically revoke a former spouse’s designation at divorce, but not every statute reaches older divorces, ERISA plans and federal programs follow their own rules, and a decree can require that the former spouse stay named. Beneficiary disputes.

Generally no. A policy with a named beneficiary pays under the policy. A will matters mainly when the estate is the beneficiary or no named beneficiary survives.

Yes, if it was forged, made without capacity, the product of undue influence, or not completed under the policy’s procedure. Each requires evidence; timing alone is rarely enough.

Usually through a court-appointed guardian or conservator, a custodian under state law, or another court-approved arrangement. Insurers generally will not pay a minor directly.

Yes. For an employer plan under ERISA, you must usually appeal to the plan first, within at least 60 days of the denial. For a private policy, a denial can be challenged directly with the insurer or in court. Denied claims.

Common reasons are a contestability review when the insured died within about two years of the policy’s issue, an open question about the cause of death, missing paperwork, or a competing claim. Delayed claims.

Insurers often argue that an illness, intoxication or medication caused or contributed to the death, or that an exclusion applies. The exact policy language and the medical evidence decide whether those arguments hold. AD&D claims.

Nothing. We review your situation at no cost. If we can help, we explain the fee arrangement in a written agreement before any work begins.

Most likely. We represent claimants nationwide. Our attorneys have appeared in more than 300 interpleader and life insurance cases spanning 59 federal district courts in 35 states and in six federal courts of appeals. We have also handled more than 1,000 claims that never made it to court.

No. An attorney-client relationship begins only when we both sign an engagement agreement. Until then, please share only what we need for an initial review.