What is the name of your state (only U.S. law)? Georgia
My dad has been married to Linda for 4 years. He has been a healthy man until February. Linda took him to the ER for altered mental status on 2/5/18. He was diagnosed with non-small cell lung cancer with metastasis to the brain. He had 2 lesions on the brain measuring approx. 4 cm each. The areas of the brain involving the lesions were the right temporal lobe and then the posterior frontal anterior parietal lobe. I am a nurse and these areas of the brain control things like: behavior, memory and vision. He was discharged on 2/18/18 against Linda's request. She wanted him placed in a nursing home but he had no qualifying factors for insurance to pay for a nursing home or rehab. My dad had made a good bit of improvement with steroids and was able to care for himself though he continued to have issues with some confusion.
On 2/10/18 while still hospitalized, Linda had my dad sign a "financial" Power of Attorney which was witnessed by Linda's daughter. Also on this day, she had my dad sign a Will which was witnessed again by her daughter and her sister. I am sure she found these blank documents on the internet. So her daughter and sister witnessed both documents on 2/10/18 but the Notary signed the documents on 2/13/18 so these signatures were not witnessed by the notary.
With this power of attorney on 2/15/18, Linda then had all of my dad's life insurance policies changed listing her as beneficiary. My dad took out a life insurance policy on himself leaving me beneficiary approximately 10 years ago and he has always instructed me to "pay off your student loans". Approximately 3-4 weeks before he died he told me on the phone, "Don't forget about the life insurance policy I have for you and please pay your loans off." He also said, "You can find your policy in the bottom drawer of my computer desk." (I live 5 hours away from my dad)
When I returned to his home the day before he passed away I was not able to find the life insurance policy. My dad was pretty much unresponsive at this point. I was able to find the documents that Linda had done such as the power of attorney, the 1st Will, her papers to the life insurance companies changing beneficiary information, documents where she withdrew my father's IRA (again while he was hospitalized). I have pictures of all of these documents.
On 3/9/18 my dad went to see a lawyer to have a Will made. In a phone conversation with my dad on 3/7/18 he told me that he was going to have the Will done and that he would make sure I got a copy. He also told me that Linda was refusing to take him to see the lawyer. He said, "I think she had me sign a Will while I was in the hospital and didn't know what I was signing because she went to the courthouse the other day to file some papers but wouldn't tell me what it was."
My father passed away on 4/13/18 and I was there with him. After he passed away I searched the house for the new Will that he told me he was having done but could not find it. The next day I told Linda that I had never received a copy of it and did she have it. She told me she didn't know where it was but "Everything is left to me." I then asked about the life insurance policies and she said, "Those were all changed leaving me beneficiary." I explained to her that dad had taken a policy out 10+ years ago for me and he had just told me a few weeks ago that it still existed. She said, "Nope, everything is now mine." She asked me to leave the house and to "Never contact me again."
I obtained a copy of the Will from the lawyer. There is now an affidavit attached to the Will that when my dad came to sign his documents that he added Linda's children to the Will when in the beginning he had recognized them in the Will as "My wife has two children not of this marriage (names) who are remembered with love and affection but shall not take from this Will." I believe my dad was either influenced to add them to the Will (they were left money). Her children are left more money than my dad's biological son. I am left as Co-Personal Representative with Linda.
Should I file a lawsuit regarding the changes made with the life insurance policies? I know I need to hire an attorney but I have not been able to do that yet. I am a nurse and work night shift and have been unable to get an appointment that works with my schedule.
Any advice is greatly appreciated!
My dad has been married to Linda for 4 years. He has been a healthy man until February. Linda took him to the ER for altered mental status on 2/5/18. He was diagnosed with non-small cell lung cancer with metastasis to the brain. He had 2 lesions on the brain measuring approx. 4 cm each. The areas of the brain involving the lesions were the right temporal lobe and then the posterior frontal anterior parietal lobe. I am a nurse and these areas of the brain control things like: behavior, memory and vision. He was discharged on 2/18/18 against Linda's request. She wanted him placed in a nursing home but he had no qualifying factors for insurance to pay for a nursing home or rehab. My dad had made a good bit of improvement with steroids and was able to care for himself though he continued to have issues with some confusion.
On 2/10/18 while still hospitalized, Linda had my dad sign a "financial" Power of Attorney which was witnessed by Linda's daughter. Also on this day, she had my dad sign a Will which was witnessed again by her daughter and her sister. I am sure she found these blank documents on the internet. So her daughter and sister witnessed both documents on 2/10/18 but the Notary signed the documents on 2/13/18 so these signatures were not witnessed by the notary.
With this power of attorney on 2/15/18, Linda then had all of my dad's life insurance policies changed listing her as beneficiary. My dad took out a life insurance policy on himself leaving me beneficiary approximately 10 years ago and he has always instructed me to "pay off your student loans". Approximately 3-4 weeks before he died he told me on the phone, "Don't forget about the life insurance policy I have for you and please pay your loans off." He also said, "You can find your policy in the bottom drawer of my computer desk." (I live 5 hours away from my dad)
When I returned to his home the day before he passed away I was not able to find the life insurance policy. My dad was pretty much unresponsive at this point. I was able to find the documents that Linda had done such as the power of attorney, the 1st Will, her papers to the life insurance companies changing beneficiary information, documents where she withdrew my father's IRA (again while he was hospitalized). I have pictures of all of these documents.
On 3/9/18 my dad went to see a lawyer to have a Will made. In a phone conversation with my dad on 3/7/18 he told me that he was going to have the Will done and that he would make sure I got a copy. He also told me that Linda was refusing to take him to see the lawyer. He said, "I think she had me sign a Will while I was in the hospital and didn't know what I was signing because she went to the courthouse the other day to file some papers but wouldn't tell me what it was."
My father passed away on 4/13/18 and I was there with him. After he passed away I searched the house for the new Will that he told me he was having done but could not find it. The next day I told Linda that I had never received a copy of it and did she have it. She told me she didn't know where it was but "Everything is left to me." I then asked about the life insurance policies and she said, "Those were all changed leaving me beneficiary." I explained to her that dad had taken a policy out 10+ years ago for me and he had just told me a few weeks ago that it still existed. She said, "Nope, everything is now mine." She asked me to leave the house and to "Never contact me again."
I obtained a copy of the Will from the lawyer. There is now an affidavit attached to the Will that when my dad came to sign his documents that he added Linda's children to the Will when in the beginning he had recognized them in the Will as "My wife has two children not of this marriage (names) who are remembered with love and affection but shall not take from this Will." I believe my dad was either influenced to add them to the Will (they were left money). Her children are left more money than my dad's biological son. I am left as Co-Personal Representative with Linda.
Should I file a lawsuit regarding the changes made with the life insurance policies? I know I need to hire an attorney but I have not been able to do that yet. I am a nurse and work night shift and have been unable to get an appointment that works with my schedule.
Any advice is greatly appreciated!