Disputing the beneficiary

[youtoo]

Hi all

My grandmother just passed away and we just found out that her beneficiary is her my aunt. My grandmother had three daughters. The beneficiary's of my grandmothers policy were myself and my mother. Clearly this was changed. This was done during my grandmothers diagnosis of dementia. This particular aunt has had my grandmother involuntarily committed into a mental facility to gain access to her finances. She did this without anyone's knowledge. We were able to obtain the medical records. Once we were able to get my grandmother out of this facility, we found they had her on haldol (a drug that can cause a heart attack in dementia patients) She was only put on haldol because the doctor was told my grandmother tried to commit suicide. This was not true. The doctor agreed to have her taken off of the medication but he wanted to wean her. Before that happened my grandmother died from a heart attack with no prior heart issues. Our family is tore up. In 2006 my grandmother was threatened by letter from this aunt that she would have her involuntarily committed. My grandmother wrote me several letters telling me not to allow my aunt to do this to her. She at that time wrote my aunt out of her will. Her original will was done in 2005 and had my aunt, my mom, myself and one of my cousins as her beneficiaries and myself as the poa. My grandmother went back in 2006 and had my aunt removed but left everything else the same. After my grandmother started suffering from dementia my aunt had a lawyer come to her home and make a new will that made her sole heir. When my grandmother was committed the very next day my aunt faxed a letter to the hospital asking them to give her a poa of my grandmothers finances on their letter head because he bills would not be paid if she didnt take care of them. I have all the records, letters, etc. Its like my aunt knew just what to tell the doctors to get her on that particular medication and she knew what the outcome would be. She is now sole heir to my grandmothers estate and full beneficiary of my grandmothers life insurance policy. We are also concerned as upon finding out about my grandmothers life insurance policy we also found out another policy my grandmother had for my other aunt who doesnt live a good life (drug abuse) was changed to her being the beneficiary as well. My aunt has also tried several times to have her committed. We are afraid for my aunts life. Can we dispute the policy with the letters from my grandmother, also a letter my grandmother gave the attorney who did the will removing my aunt, letters from my aunt that threaten my grandmother,my grandmothers medical records stating my aunt was just trying to take her home and thats why she was being committed. Proof that my aunt tried to take a loan out on my grandmothers house just three months ago(until she found out my grandmothers deed stated her house could not be sold as long as she was alive) reports from my grandmothers doctor stating the claims that were made against my grandmother by my aunt (that at one point he had issues believing) My aunt is also trying to sue the doctor that presribed the haldol....sorry if I rambled on...just so much going through my mind about this situation...

 

[anteater]

This is not a do-it-yourself project. Begin looking for an attorney with experience in will contests and litigation.

While searching for an attorney, at least contact the life insurance company and put them on notice that you believe that the beneficiary change was obtained fraudulently. You don't say how you found out that the aunt is the beneficiary. But, right now, you just want to slow down the any claim on the policy.

Just a couple points:
Grandmother's prior will did not name you as POA. It may have nominated you as executor of her probate estate. That is different.

Hospitals do not "give" Powers of Attorney. Therefore, you have some confusion when you state:

When my grandmother was committed the very next day my aunt faxed a letter to the hospital asking them to give her a poa of my grandmothers finances on their letter head ...

 

[youtoo]

you are absolutely right, the hospital did not give a power of attorney however my aunt requested one(I have the letter). We found out my aunt was the beneficiary when we went to the cemetary to make handle arrangements. I do have an attorney. Its the attorney who did my grandmothers last two wills (the original one where my aunt was listed with myself, my mom, and my cousin and then the one excluding my aunt) This attorney also has other documentation from my grandmother expressing her reasons for having my aunt excluded. My thing is I dont have the money to fight this. I dont care of the money from my grandmothers estate goes to pay the attorney(if thats possible) but I cant afford to loose this. We contacted the insurance company yesterday we have to send them a letter. The person was very nice and told us how it needed to be worded. The attorney who originally did my grandmothers wills is astounded by all the paperwork I have (faxed to him yesterday), and in awe of the situation . He told me I have all the edges of the puzzle. I even have the new will that my aunt had made up (done during the time my grandmother was suffering from dementia)

My question, is this worth my time. If nothing else I need to ensure my aunt is off my other aunts insurance policy...we absolutely do not trust her.

 

[anteater]

My question, is this worth my time.

Sorry, but nobody here can answer this one. It has to be your decision. Talk it over with the attorney - the strength of the case, the possible costs, etc. If grandmother's attorney does not have experience specifically in will litigation, ask if he/she would refer you to someone.

 

[youtoo]

thanks so much for taking the time to read my post and answer!