Is it possible to change a beneficiary after death?

[Rayne888]

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

My grandfather passed away suddenly without getting a chance to update his will. His wishes, and my fathers, were that I should be named as beneficiary in place of my father. My father is disabled and lives off of SS income and does not want his benefits stripped, and would like for me to have sole control and rights to his portion of the estate. Grandad made notes regarding this change and even spoke to me about it a few weeks ago, but no legal documents were changed to indicate these wishes. The rest of the benficiaries have no issue with the change. Is it possible for this change to be made now? Thank you for your assistance.

 

[justalayman]

If grandpa can sign the beneficiary change forms, the insurance company will gladly accept the change in bene's.

other than that, no.

whoops, I would have sworn I saw insurance in there somewhere.

anyway, no, you cannot alter a legal will.

BUT I believe there is a way to refuse accepting ones share of an estate. The problem with that then is: who gets what is not distributed to a listed heir?

 

[latigo]

No. If grandpa’s will meets the formalities required by Virginia probate law and he was competent to make his will at the time, his estate will be distributed as it is presently written and without change.

I understand where you are coming from in believing that grandpa truly intended to make such changes as would provide for your ailing father.

But I also think that if you thought through what you would like to see accomplished here, it could not possibly be and still maintain an orderly, uniform and reliable system of administering decedent’s estates.

Not meaning to suggest that you don’t sincerely believe that grandpa truly intended to change his will and make provision for your ailing father, but if the court were permitted to change a person’s will to conform to what someone else claims the maker truly intended, probating an estate would be at the mercy of the most convincing liar.

No person could write their will and expect his or wishes to be fulfilled upon their death! Not if the courts were permitted to rewrite that will in accordance with someone else’s wishes or what someone says the testator really wanted done with his property.

One of the cardinal rules of construction of wills says that the court must gather the testamentary wishes of the testator from the “four corners” of the testator’s will and only with the language contained within the “four corners” of the will.

Hence, the court can neither rewrite the will to add or subtract beneficiaries, nor admit extrinsic or oral evidence to vary the unambiguous expressions contained in the will.

The court may in some rare instances delete wording from the will when such will resolve an obvious ambiguity, and it can receive parol (oral) evidence to assist it in doing so. But the court CANNOT under any circumstances add language to the will.

 

[BlondiePB]

My father is disabled and lives off of SS income and does not want his benefits stripped.

SSD and SSI differ regarding how much money one can have in the bank.