• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Father passed away 1 week ago - Has wife committed fraud?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

renee_rn

Junior Member
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!
 


justalayman

Senior Member
I wouldn’t do anything without the assistance of an attorney who can review the situation more closely that can determine if they believe there is any possibility you could prevail with any challenge. If your father’s mental state was such that he was considered to be of diminished mental capacity it could allow a successful challenge to the POA as well as the will alterations. Invalidating the POA would go far in invalidating the changes in the beneficiary isssue for the insurance.
 

HRZ

Senior Member
Also a poa who acts to self benefit is probably over the line

And a witness to a will who stands to benefit may be disqualified under state law to inherit . The legal standard of competence to make a will is very very low ...but dads smells of undue influence ...and that's different

Smells but you need paid counsel to comment on details .
 

not2cleverRed

Obvious Observer
Also a poa who acts to self benefit is probably over the line

And a witness to a will who stands to benefit may be disqualified under state law to inherit . The legal standard of competence to make a will is very very low ...but dads smells of undue influence ...and that's different

Smells but you need paid counsel to comment on details .
Not necessarily.

However, according to georgia.gov/popular-topic/last-wills-and-testaments, it's okay to have a beneficiary witness a will, but it is recommended that at least 2 others who are not beneficiaries should witness it. The step-daughter has been added in the addendum as a beneficiary, although step-mom's sister has not.

In order to successfully contest a will, you will need a lawyer. It can cost a lot, so consider whether it is worth it.
 

Zigner

Senior Member, Non-Attorney
Not necessarily.

However, according to georgia.gov/popular-topic/last-wills-and-testaments, it's okay to have a beneficiary witness a will, but it is recommended that at least 2 others who are not beneficiaries should witness it.
The reason for that recommendation is that the witness's gift under the will becomes void if there aren't at least two other disinterested witnesses.


ETA:
https://codes.findlaw.com/ga/title-53-wills-trusts-and-administration-of-estates/ga-code-sect-53-4-23.html

(a) If a subscribing witness is also a beneficiary under the will, the witness shall be competent; but the testamentary gift to the witness shall be void unless there are at least two other subscribing witnesses to the will who are not beneficiaries under the will.

In other words, if there were only two witnesses to the will, and both witnesses are also listed as beneficiaries, then their gift under the will is void, but the will is still valid.
 
Last edited:

Dandy Don

Senior Member
The will and the insurance policies are two separate matters that may need to be handled separately.

Start calling or emailing various probate attorneys in your local area to give a brief explanation of your situation and plead poverty but give them some idea of the estimated value of your father's estate so they can decide whether they wish to handle your case and get paid an executor's fee from the proceeds of the estate.

Her having changed the beneficiary designations on the insurance policies is definitely illegal. If I were you I would also be consulting with a business law attorney who specializes in insurance cases or a family law attorney who handles elderly financial abuse cases and ask the attorney to intervene on your behalf to contact the insurance companies to explain that the beneficiary designation change was fraudulent so that the company (hopefully) will not pay out the proceeds yet. Or you can contact the insurance company yourself to inform them about this.

Just for your information, her POA expired at the exact moment of your father's death and she has no further legal authority to use it for claiming any assets.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top