Sued over Life Insurance

[Harley2005]

What is the name of your state? Wisconsin:
Could someone please share some knowledge?? I am being sued by my sister over life insurance that my Mother left me when she passed away. I was the Primary and my sister was the contingent. She got a lawyer and tried to say that I forged my Mothers signature on the form......which has been proven by a hand writing expert that it was in fact my Mothers signature. Now she has said my Mother told her and others that my Mother had told her and others that my sister and I were to each get 1/2. She has even gone as far as to get witnesses that are actually going to lie for her and testify to this. I have hired one of the best attorneys I know of......and $10,000.00 ago he told me that she didnt have a chance in **************? Now I wonder if this is true, and are there any court cases in WI that are similar to this, or what is wisconsin law on this? The court date is a couple weeks from now and I am trying to prepare myself for this. Any advise or direction would be greatly appreciated!

 

[Betty]

What is the name of your state? Wisconsin:
Could someone please share some knowledge?? I am being sued by my sister over life insurance that my Mother left me when she passed away. I was the Primary and my sister was the contingent. She got a lawyer and tried to say that I forged my Mothers signature on the form......which has been proven by a hand writing expert that it was in fact my Mothers signature. Now she has said my Mother told her and others that my Mother had told her and others that my sister and I were to each get 1/2. She has even gone as far as to get witnesses that are actually going to lie for her and testify to this. I have hired one of the best attorneys I know of......and $10,000.00 ago he told me that she didnt have a chance in **************? Now I wonder if this is true, and are there any court cases in WI that are similar to this, or what is wisconsin law on this? The court date is a couple weeks from now and I am trying to prepare myself for this. Any advise or direction would be greatly appreciated!

The primary bene if living gets full proceeds. The contingent would only have received the pol. proceeds if the primary bene was deceased at time insured passed away. Your sister can sue you but that doesn't mean she will win - she/her lawyer will have to prove that you forged your Mother's signature. Per handwriting expert, it looks as if it was your Mother's signature. It doesn't matter what the witnesses say - the policy provisions (primary bene) on pol. records gets the full proceeds to do with as they wish.

 

[Harley2005]

Sued

They cant prove that there is any forgery. All they have are witnesses that are saying" so and so told me that she was leaving each sister 1/2 of the life Ins." Will a judge take the word of hear-say......then what there is in black and white? My Mother had the same policy 11 years ago, all she did before she died was update it with our current addresses and married names etc?

 

[BelizeBreeze]

They cant prove that there is any forgery. All they have are witnesses that are saying" so and so told me that she was leaving each sister 1/2 of the life Ins." Will a judge take the word of hear-say......then what there is in black and white? My Mother had the same policy 11 years ago, all she did before she died was update it with our current addresses and married names etc?

Countersue for costs and attorney fees. Then let sister piss in her own cheerios.

 

[Harley2005]

Sued over life insurance

She has all these people that are going to testify to what my Mother supposely told them, I have nothing but a friend of hers that will testify saying that my Mom was scared of my sister and told her she had something else in mind for me......as she gave her house and all the items in it to my sister. Please note....there was no will either. I also have, what is in black and white...the policy signed by my Mom. Sister has convinced members of our family that I forged moms signature, and drugged her into doing it?? Even though the handwriting expert she and her attorney hired, found it was in fact my Mothers signature, they all still believe this. My attorney says he is pretty sure I should win, but cant guarrentee it. He said the judge has the right to believe the witnesses. My question is......what good is a life insurance contract naming a bene......if you cant be sure that person is going to get what you wanted them too.??

 

[BelizeBreeze]

She has all these people that are going to testify to what my Mother supposely told them, I have nothing but a friend of hers that will testify saying that my Mom was scared of my sister and told her she had something else in mind for me......as she gave her house and all the items in it to my sister.

SO WHAT? Intent is meaningless in the place of a signed and validated document.

Please note....there was no will either.

SO WHAT? Insurance passes outside of probate and is the property of the owner/beneficiary.

I also have, what is in black and white...the policy signed by my Mom.

And that is all that matters.

Sister has convinced members of our family that I forged moms signature, and drugged her into doing it??

and that has already been tried and settled. res judica.

Even though the handwriting expert she and her attorney hired, found it was in fact my Mothers signature, they all still believe this.

So, once this is over move and tell them to kiss your ass.

My attorney says he is pretty sure I should win, but cant guarrentee it. He said the judge has the right to believe the witnesses. My question is......what good is a life insurance contract naming a bene......if you cant be sure that person is going to get what you wanted them too.??

Tell your attorney to do his/her job.

 

[Dandy Don]

What is the payout value of the policy?

Please stop stressing out about this. The law and the facts are on your side and there is no doubt you will win!! Sister is obviously greedy and her excuse is going to shown as grasping at straws.

You need to be asking your attorney about prior case law of cases similar to yours.

What you really need to be asking is checking with the insurance company to see if there is any paperwork the company might have that would support your claim--such as is there any separate beneficiary designation form or card that your mother may have filled out at the time she ordered the policy, is there any paperwork from the agent who sold her the policy, etc.

DANDY DON IN OKLAHOMA ([email protected])

 

[Harley2005]

There are no similar cases regarding this. One was about 10 years ago and was dealing with trust and wills. I am stressing big time......as for paperwork from ins company, there is none except the same policy my Mom had 10 years ago with me as the Primary Bene. What I am wondering is if she can win by "witnesses saying she said she was giving each of the girls half"? Is that intent??? My Mother was very scared of sister, and she is not a very stable person...I would of kept it a secret too! Anyone else have any court cases they know of similar to this???

 

[Harley2005]

Sued over life insurance

Almost forgot, payout was 50,000. I gave my son half and have now spent half on attorney fees.

 

[Zigner]

There are no similar cases regarding this. One was about 10 years ago and was dealing with trust and wills. I am stressing big time......as for paperwork from ins company, there is none except the same policy my Mom had 10 years ago with me as the Primary Bene. What I am wondering is if she can win by "witnesses saying she said she was giving each of the girls half"? Is that intent??? My Mother was very scared of sister, and she is not a very stable person...I would of kept it a secret too! Anyone else have any court cases they know of similar to this???

You are missing the point!
Your mom could have gone on television and said "I'd like for each of my kids to have half of the insurance policy". Upon her death, you are the primary beneficiary. It is yours - it DOES NOT MATTER if your mom told people she wanted each of you to have half - your mom doesn't have any say in how you use YOUR MONEY.
You have been advised to start proceedings to recover your attorney fees from your sister. That sounds like a good idea to me!