contesting a change in beneficiary?????

[tybri]

What is the name of your state?florida
My father had several strokes which affected his ability to care for himself or his financial affairs. I am a nurse and took care of him as well as my mother for several years. I sent him to california to visit his sister right after my mother passed away . to make a long story short they kept him out in california and made arrangements for his social security and pension to be sent to them. They sent him back to me at one point stating that he was becoming too difficult to live with and care for. After living with me once again, he was not happy because I had a fulltime job as well as a 2year child to care for so he went back to california where he has been ever since. He passed away 3 weeks ago and I'm fairly confident my aunt has had my
father's live insurance beneficiary changed to her (my father will sign anything whether or not he understands what it is and when it comes to legal, financial he does not have the comprehension due to the stroke to understand) My question is....can I contest the fact that she had the benficiary changed to her or am I out of luck? Would it benefit me to get an attorney or would I be wasting my money. I am the only living member of my family and I feel I am entitled to what little inheritance I may have coming to me.

 

[Dandy Don]

Do you even have evidence that a change has occurred? You need to contact the insurance company about this now so you can figure out how to proceed if in fact the change has occurred.

Is it possible that aunt could have gotten a power of attorney signed by father?

If insurance company is helpful in providing information, they can advise you about how to proceed. It may be a bit difficult for you to challenge or prove that the signature is not his since it's hard to prove one way or another that he would or would not have wanted any changes made.

 

[ALawyer]

The issue is his competence at the time he made the change. If he lacked competence you win.

If you claim lack of competence BEFORE the claim is paid, the insurance company will probably put the money into court and let the other beneficiary duke it out with you. And you may be able to settle the case. After the claim is paid, you'd have a VERY hard time.