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deathbed changes?

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prplegal

Junior Member
What is the name of your state (only U.S. law)? PA
Sadly, my Father In Law passed a few weeks ago. He knew he was sick and accepted no treatment. In October, he met with his atty and ins agent to re-do his will and change beneficiaries.. He had removed his wife a few years prior, as she wanted to divorce him, but they managed to reconcile. In Oct he directed a 250K ins policy as such. His 3 children were to divide equally 120K and the balance of the policy to the wife.

He was hospitalzied for a week and then sent home with hospice on a Tues. we were told he would be made comfortable with morphine until the end came, which would likely be 48 to 72 hours. On Tues. the ins agent was called to the house by the wife, no one knew why. On Wed. the three of them, husband, wife and ins agent had a bedside meeting.. He lost consciousness at 7am the next morning(Thurs) and died overnight, pronounced dead Friday morning.

Yesterday my husband called the ins agent and was told that at the bedside meeting the policy had been reverted to a sole beneficiary, his mother.

Brilliantly executed manipulation? Or Dad's wishes?

Questions!
Is the ins agent under any privacy type restriction that he would not be able to show my husband and his brothers the changed bene form? And/or the bene form from Oct naming the sons as benes?

Is the agent under any obligation to note that there was a chance, given the policy owners condition that these were not his intentions?

What is the best way to contest, or immediatly halt the disbursement of funds, until we can figure out exactly what tf happened.

Thank you in advance!What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
I do not know how to direct you but I will say the change is quite contestable.


hang on for a few others to post. There are some here that should be able to give you some direction.


One thing I would do is find out how much morphine dad was on. Chances are he was incapable of having the mental capacity to effect such a change.
 

justalayman

Senior Member
1 milliagram of morphine per hour, orally was prescribed.


didn't mean for me but if you are going to argue dad wasn't mentally alert and had no real idea what he was doing, knowing how much morphine he was taking could be enough to prove it.

personally, I do not know if that is or isn't enough to take him into that realm. I don't know squat about morphine.
 

prplegal

Junior Member
Update:
My husband and his brothers faxed a letter to the ins co. stating their intentions to contest the beneficiary change. They also have an appointment with a probate atty. tomorrow.

The Agent who met wife and husband at the home stated he felt uncomfortable making the change, but he was just trying to do his job. He agreed to be as helpful to the brothers as possible.

New question...

What is the standard protocol for the ins co to notify the wife that someone is contesting?
 

Dandy Don

Senior Member
A probate attorney may not be able to provide the specialized legal assistance you need here. You should be looking for an attorney who specializes in "bad faith insurance" cases, also called interpleader actions. Did the father-in-law also have a last will and testament that is going to be probated, or was the policy his only asset?
 

prplegal

Junior Member
He also has a will. The will gives all other assets to wife. No one is contesting the will.

Also, we have found out that the original beneficiary list did not include the wife. Just the 3 boys, to split full value into thirds. And it is less than the 250k policy.

Dad had told the eldest son several times in the weeks before his death that he had a separate policy for the boys.

We do not know if there was another insurance policy for the wife. But Dad would have taken care of her for sure.
 

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