Contesting change of beneficiary

[tjsace]

What is the name of your state? CA

My brother just recently past away, a change to his life insurance through his employer and 401k were done. On the 401k my two sons were named beneficiaries, a month before my brother passed a third person was added, however the changes to my brothers 401k were not received by his employer unitl after he passed, it was signed but not dated. My brother past away in the same town that he lived and worked in. I know it does not take a month for mail to go an address in the same city. Is this a legal binding change even though it was not dated? My family and I are unsure wether my brother truly signed it, or if this third person signed it (this person had just moved in with my brother). My parents are next of kin, and the 401k department will not release the forms so that we may verify signatures.

On the life insurance again my two boys were named beneficiaries, but a month prior to his passing they were dropped and the third person was named sole beneficiary. See my brother was sick the entire month of February and part of March before passing away in the hospital, and the changes again were not received by his employer again until after his passing, but is signed and date 02-05-02. Again we do not know if it is his signature or not.

Please help with advice, I don't know what else to do.

 

[ALawyer]

There are a series of important issues, and unfortunately it will require that you get a lawyer involved, NOW.

The first issue is what do the terms of the policy and 401(k) plan provide as to beneficiary changes. Some policies provide that they must be recorded by date of death, others merely that they be filed before payment is made. Someone experienced MUST read the details of the plans, and that's the role of a benefits or insurance expert, and a lawyer. Ditto on the need for the insured to start to get the forms in prior to his death -- a signed but not transmitted form may not be valid although state laws differ on this, and I am not up to speed on the applicable law in your case.

There also is a potential issue about "undue influence" or corecion causing your brother to make the changes; if so the changes would not be valid. Ditto if he lacked mental capacity.

Then there is the question if he or another made the changes. A handwriting expert will be needed to determine if the forms contain your brother's signature. Such an expert should be reatined by a lawyer you retain to act on your family's behalf.

As for the lack of a date, that probably would not be critical.

In any event you want to STOP the companies from making payment until AFTER these issues are resolved. If they receive a letter from a lawyer the company likely would delay payment and may just put the proceeds into court in an impeader action to let you fight it out with the other claimant -- the company really does not care who gets the proceeds.