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BAD BENE BAD BENE...

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pamm923

Guest
Before passing on intestate, in MI; my Aunt indicated to many in my family through the years and recently, the "whole" family would receive monies upon her death.
Her brother was named primary beneficiary to 2 policies. My brother was named as secondary. (she has two sisters living) It appears he has invested "his" gift for himslef, and stated case closed to the family. Her ex-husband (the former bene.) has told us even he knows exactly what her wishes were. The day the lawyer visited her bedside to make out a will, she was deemed not of sound mind. We fear that our uncle has taken a death bed wish while she was medicated, depressed, and incoherent with the disease. He also talked about dispersing the monies to a cousin of mine before he received the checks.
Do we have any legal recourse here?
 


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depeche2

Guest
No. the named bene on the policy is entitled to the $. It is wholly his choice if he wishes to give some away. Further, he would have to consider gift tax implications if he gives away more than $10,000 to a person. Informal statements like you describe are wholly unenforceable. If she had a valid Will, that controls, if not, prop in her sole name passes according to state intestacy laws.
 

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