family of beneficary is contesting diclaimer

[moe01]

What is the name of your state? michigan
my 22yr old nephew is beneficary to his mothers life policy,the policy is 50/50. my sister had taken out policy in 1988 when she was drug addicted and lived in a boarding house. the owner was a elderly lady. my sister stayed six mos and got her life together after she moved. she never returned. my sister passed away in 2000, to our suprise she left this lady half the policy, my nefphew went to a attorney and got a disclaimer for this lady to sign off her share, and she did. now her children are contesting the disclaimer 8mos later, also she has passed away 2mos after her children contested. she had no poa or guardian when she signed, she stated to my nephew that she could not benefit from my sisters death since she didnt know her that well, and that she was very sick. doesnt the insurance company have to make my nephew whole because the other beneficary died, regardless of the disclaimer?

 

[toasted]

What is the name of your state? michigan
my 22yr old nephew is beneficary to his mothers life policy,the policy is 50/50. my sister had taken out policy in 1988 when she was drug addicted and lived in a boarding house. the owner was a elderly lady. my sister stayed six mos and got her life together after she moved. she never returned. my sister passed away in 2000, to our suprise she left this lady half the policy, my nefphew went to a attorney and got a disclaimer for this lady to sign off her share, and she did. now her children are contesting the disclaimer 8mos later, also she has passed away 2mos after her children contested. she had no poa or guardian when she signed, she stated to my nephew that she could not benefit from my sisters death since she didnt know her that well, and that she was very sick. doesnt the insurance company have to make my nephew whole because the other beneficary died, regardless of the disclaimer?

--------> They should give your nephew the 50% now. Dispute the other 50%.

This woman was old and was talked into signing away something after your sister died. Some may look at this as taking advantage of the elderly.

Since her death was in probate, eight months does not appear to be an odd time of disputing the facts. Also, maybe your sister had an agreement with the woman. Maybe she owed her, maybe she did something that was wrong and the woman bailed her out of trouble. Lots of *maybes* to think about. And maybe this womans relatives have found some kind of documentation which would show something that would not put your sister in a good light to her own son. This would come out in court of course, but do you want your nephew to know of something like that?

In my opinion, your sister chose who she wanted as beneficiaries. She didn't change it after she moved so there must be a reason, even if it was to repay this womans kindness.

Since most parties are now deceased (except the son), I would leave it alone. I see more lawyers making more money than what would be gained after it is all said and done.


*edited for spelling

 

[moe01]

thanks for your opinion, my nephew was invited to this womans home to have it signed by the one of ladys own son, and five others of her children where present. this womans son explained the document to his own mother. my sister did in deed try to change the beneficary years later, but was fired from her job, when she was reinstated 3yrs later she never followed through with her 2nd request. the insurance company has the change of request but stated they could not change the request because she terminated from her employer the day they recieved it and all her benefits terminated including her life insurance. when she was reinstated 3yrs later the insurance company went with the orig document. my nepfew is an only child both parents are deceaed. her own children are taking advantage of his situation and did not contest until she was in a nursing home and close to death. they are taking him to court, he is not taking them.