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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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Ex Ins Guy

Guest
These are TOUGH cases. You better get all the facts first and find out if she signed when incompetent.
 
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pamm_7727

Guest
Thank you Ex Ins. Guy....but she did not sign a will. She was not of sound mind. This dispute is over her insurance policy, and what her wishes were. (which were voiced by her over the years- and not written either.)
-My uncle has taken the lot of it for himslef, made mention of dispersing at one point, but has not to this date.
Given the info. from my 1st posting, I need to know if our family has legal recourse.
 
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Ex Ins Guy

Guest
I didn't say "will" I said "it" -- the insurance benficiary form. That's what governs the proceeds.

If there were megabucks involved it could be argued that the statements she made -- to split it up -- and IF he agreed to it, were to go to him in TRUST and be divided among others. But those cases are VERY VERY hard. Oral requests alone are NOT binding in my experience.
 
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pamm_7727

Guest
Thank you Ex Guy.
There were two policies, one in the amount of 78k written to Mark himself as sole bene.
The other written to Mark and my brother (as secondary) for near 500k.
She told me herself it was left in his name because she trusted him to split it with the whole family. If she changed her mind within those last days, was she competent.
That is what he is implying, and we are worried about. Can I ask you to email me with your reply? [email protected]
thank you in advance.
 
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Ex Ins Guy

Guest
Did she change the designation of the $500 k policy? If not and if she merely said she trusted him to split it, that alone would NOT create a trust in my state. You really should spend a few dollars and ask a local attorney who does probate work or insurance work to check this out. With $500,000 at state a small investment could pay off big, and even a lawyer's letter might get a quick settlement.
 

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