Challenging the beneficiary designation of mentally ill person

[BraveJellyFish]

What is the name of your state (only U.S. law)? Michigan

My 25-year-old son commited suicide, and we learned that he had listed his girlfriend as the beneficiary of his life insurance and IRA accounts. He had lived with this girl for only four months, supporting her while she did nothing but shop all day, with his money. They had no children together.

My son was not himself for at least six months before his suicide. He was acting depressed, having problems at work, drinking too much. We (his parents), his sisters and his friends were all concerned for him. In contrast, I believe this girlfriend was taking advantage of his poor mental condition. Needless to say, we are infuriated that a girlfriend of 4 months should benefit from his death, while the family who cared for him for 21 years, get nothing.

After going through his financial papers, we learned that he had changed his beneficiaries only a month before his suicide! Previous to this change, his father (my husband) was listed as the beneficiary. We would like to challenge this on the grounds of his poor mental condition at the time he changed his beneficiary.

How do we go about challenging this and what are our chances of success?What is the name of your state (only U.S. law)?

[xylene]

Your chance of success is low.

Hire an attorney.

Expect to be told you have no case or be billed for a substantial amount up front.

If you were concerned that you felt you deserved to 'get something' in the event of your mentally ill son died because of caring for him you should have had your own policy on him listing yourselves as the beneficiary.

Son's own policy and funds are his to designate as he wished.

I have only been living with my 'girlfriend' a few months and she is my beneficiary of my estate... Your attitude about this seems bizzare and strikes me as an odd bout of lashing out - something easier than dealing with the mixed emotions in the wake of suicide.

[BraveJellyFish]

xylene, I thank you for your advice.

Originally Posted by xylene

Son's own policy and funds are his to designate as he wished.

My belief is that my son would not actually have wished his girlfriend to be the bene of his life insurance if he had been in a better state of mind. I also wonder if she had been influencing him. Is it really so impossible to make this case? He knew her for only a few months!


You're right about the mixed feelings, though.

[Zigner]

Originally Posted by BraveJellyFish

xylene, I thank you for your advice.



My belief is that my son would not actually have wished his girlfriend to be the bene of his life insurance if he had been in a better state of mind. I also wonder if she had been influencing him. Is it really so impossible to make this case? He knew her for only a few months!


You're right about the mixed feelings, though.

Unfortunately (and I'm saying this strictly from a legal perspective), you no nothing of his state of mind as it has to do with his ability to handle the finances.

I am truly sorry for your loss.

[Betty]

I have to agree with the other responders. It was his choice & right to name his girlfriend as beneficiary.

I too am sorry for your tragic loss.

Do you know when the policy was taken out? Many policies will not pay the policy proceeds (face amount of the policy) if suicide was committed within the first two years of taking out the policy. You would have to read the policy provisions.