left in lots of debt because husband changed beneficiary while using street drugs

[teri curren]

What is the name of your state? Fl. My husband was bakered act after an attempted suicide after getting back into drugs. When released he finished emptying our savings of alittle over $5,000.00 and went on a drug binge. During this time my husband changed the beneficiary on an insurance and pension plan to a daughter he gave up for adoption 25 years earlier.I was his beneficiary for 11 years. When I met my husband my home was paid for and I had over $100,000 in savings and a decent amount of cash flow from my deceased husbands estate. My husband felt we should live agood life. He grew up poor and remained that way until he met me. 5 years ago I put my husband name on my home .With in 2 years of this, my husband convinced me we should enjoy life . I was very skeptical but my husband assured me in case of his death I would have his life insurance and pension.In case of my death my husband would have my home .I was not made aware of the change of beneficiary. My husband died 8 months after he changed the beneficiary. I am now $115,000 in debt on loans he set up and I signed. My daughter paided for his burial- $5,000. Never did anybody in his family offer any help . I really don`t know where to turn. My husband admits in writing that he had severe mental issues at this time. I am told because he was using drugs that does not mean he was mentally inpaired

 

[Dandy Don]

So sorry, but he had the right to change beneficiary if he wanted to. Consult with a business law attorney or probate attorney locally to find out if there is anything in the law that would benefit you as a surviving spouse. You haven't mentioned who got the pension money.

 

[Betty]

So sorry, but he had the right to change beneficiary if he wanted to. Consult with a business law attorney or probate attorney locally to find out if there is anything in the law that would benefit you as a surviving spouse. You haven't mentioned who got the pension money.

She said daughter got life ins. & pension (changed bene on them to daughter). However, like you said, he had the right to change the bene but maybe OP is entitled to something as surviving spouse.

 

[Dandy Don]

Be sure to speak directly with the man's employer or the company who was holding the pension to find out what happened and whether you were eligible as a surviving spouse. Many times the pension companies have their own rules and regulations which may or may not agree with the state law.

 

[BlondiePB]

What is the name of your state? Fl. My husband was bakered act after an attempted suicide after getting back into drugs. When released he finished emptying our savings of alittle over $5,000.00 and went on a drug binge. During this time my husband changed the beneficiary on an insurance and pension plan to a daughter he gave up for adoption 25 years earlier.I was his beneficiary for 11 years. When I met my husband my home was paid for and I had over $100,000 in savings and a decent amount of cash flow from my deceased husbands estate. My husband felt we should live agood life. He grew up poor and remained that way until he met me. 5 years ago I put my husband name on my home .With in 2 years of this, my husband convinced me we should enjoy life . I was very skeptical but my husband assured me in case of his death I would have his life insurance and pension.In case of my death my husband would have my home .I was not made aware of the change of beneficiary. My husband died 8 months after he changed the beneficiary. I am now $115,000 in debt on loans he set up and I signed. My daughter paided for his burial- $5,000. Never did anybody in his family offer any help . I really don`t know where to turn. My husband admits in writing that he had severe mental issues at this time. I am told because he was using drugs that does not mean he was mentally inpaired

Did your husband have a valid will or did he die intestate (without a will)?

 

[teri curren]

there was not a will. Just verbal ageement on loans.I thought I had a written agreement,I never thought my husband would have done such a thing as change bene.Do you know if I can file any other kind of law suit such as civil suit?My home depends on this.

 

[rmet4nzkx]

You really need to get an attorney especially if he was incompetent when he made those decisions. Also you need to get copies of both the life insurance and pention plans, may require the signature of a spouse when changing benificiaries, you may find that your signature was forged? Did you Baker Act him? Unfortunately if you signed for loans then you are responsible for those. You were not forced to place his name on your separate property in order for him to inherit in the event of your death if you had a will. DId you consult an attorney before you made any of these financial decisions? Did you file for separation or divorce prior to his death?

 

[BlondiePB]

there was not a will. Just verbal ageement on loans.I thought I had a written agreement,I never thought my husband would have done such a thing as change bene.Do you know if I can file any other kind of law suit such as civil suit?My home depends on this.

Click and read this...

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0732/ch0732.htm

As Rmet advised, see an attorney. Do so ASAP. You can obtain free initial consultations.

 

[Dandy Don]

You also need to have your attorney look into the beneficiary designation changes at the pension company and at the insurance company. It may be permissible if the husband submitted a beneficiary designation change form, but if the form was submitted by the daughter, using a power of attorney, that may be illegal depending on what your state law says about abuse of POA.

DANDY DON IN OKLAHOMA ([email protected])

 

[teri curren]

the day befor my husband changed bene, he went to a methadone clinic and filled papers out stating at that time he was high,using morphine intramuscularly,street methadone,benzodiazepines,alcohol and marijuana and had been using theese drugs since he was released from being bakered act. The state of Fl. bakered act him.I can not get aDr. to testify that he was incompetent because he did not keep any of his appts. or meetings.I went in front of the board at the City of Ormond Beach and they say being high does not make my husband incompetent.1 week befor my husbands death my husband told me he went into human resourses to take care of some personal bussiness and as he approached the front desk an employee he knew told him he looked stupid as he wore a phone earpiece. He left there very upset and told me he would never go in there again.The next day he called a good friend at home that worked at the city also to get instructions on how to get online to make some changes in his personel file and she told him that she could not get on line herself as there were problems with that site. This woman knows everything there is to know about this site and anything else that goes on in the city.This woman is on the board at the city. This woman testify that my husband called her wanting this info. The City atty. has sided with my husbands daughter and is advising the board to side with her also.I have 70 days to appeal. Does anyone know if I can file another kind of suit as my atty. does not believe we will win. My husband was a very sick man .His drug relapse took a tole on him . He hated his job at the city and was leaving as soon as he could find reasonable health insurance He was a matter of days away from getting a $175,000 loan on the house my mother gave me 25 years+. to buy a pack and ship bussiness.I had no problems with this as I did not know my husband had changed the bene.