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Life Insurance Beneficiary Dispute

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anderb16

Junior Member
Life Insurance Beneficiary Dispute [SOLVED]

My late grandfather had several accounts including a life insurance policy which were to be dispersed to his beneficiaries once he passed. Before passing, he made my mother power of attorney because he was no longer sound of mind. We don't know this to be fact or not, because my mother claimed this - but it seemed likely. Once my grandfather died, I discovered that my mother drastically changed how the money was to be dispersed.

All of this is very obscure to me because while my grandfather always reassured me that he had the dispersion set up to be equal among the beneficiaries, I have never seen any version of his will to date. Now my mother wants to send me a personal check for a ridiculously small sum.

I'm not trying to take more than what my grandfather intended by any means, or hurt anyone, but I don't want to be taken advantage of like it seems I am.
 
Last edited:


latigo

Senior Member
My late grandfather had several accounts including a life insurance policy which were to be dispersed to his beneficiaries once he passed. Before passing, he made my mother power of attorney because he was no longer sound of mind. We don't know this to be fact or not, because my mother claimed this - but it seemed likely. Once my grandfather died, I discovered that my mother drastically changed how the money was to be dispersed.

All of this is very obscure to me because while my grandfather always reassured me that he had the dispersion set up to be equal among the beneficiaries, I have never seen any version of his will to date. Now my mother wants to send me a personal check for a ridiculously small sum.

I'm not trying to take more than what my grandfather intended by any means, or hurt anyone, but I don't want to be taken advantage of like it seems I am.
Do you have a question or are you content with having accused your mother of punishable misconduct while admitting that it is "all obscure but likely", purely suppositional as to grandpa's "intent" and not knowing "this to be fact or not"?
 

Zigner

Senior Member, Non-Attorney
The will doesn't control insurance policies that have named beneficiaries. If the estate receives the funds from the policy (highly unlikely), then those funds can be dispersed as the will directs.

If there is no will, then your state's rules for intestate succession apply.

ETA: Even if this proceeds under your state's rules for intestate succession, the proceeds from insurance policies are dispersed to the named beneficiaries outside of the estate.
 

LdiJ

Senior Member
The will doesn't control insurance policies that have named beneficiaries. If the estate receives the funds from the policy (highly unlikely), then those funds can be dispersed as the will directs.

If there is no will, then your state's rules for intestate succession apply.

ETA: Even if this proceeds under your state's rules for intestate succession, the proceeds from insurance policies are dispersed to the named beneficiaries outside of the estate.
Just in case you do not understand the lingo...if you are named as a beneficiary of a life insurance policy the insurance company sends the check directly to you.
 

Zigner

Senior Member, Non-Attorney
Just in case you do not understand the lingo...if you are named as a beneficiary of a life insurance policy the insurance company sends the check directly to you.
Isn't that what I said? :confused::cool::p
 

anderb16

Junior Member
Do you have a question or are you content with having accused your mother of punishable misconduct while admitting that it is "all obscure but likely", purely suppositional as to grandpa's "intent" and not knowing "this to be fact or not"?
Thank you for the response. I had a feeling I wasn't being direct enough with a question, but I guess that is because I don't know what options are available to me or what to ask really. While it may seem unreasonable to have "accused your mother of punishable misconduct," we have been in a state of discord for years now, and I wouldn't put devious actions past her for an instant. I don't want to get into particulars of our relationship because of the risk of sounding petty, and I don't want to get off track here.

My grandfather was never comfortable discussing his will because he stubbornly "didn't want to go there" which is why I had never seen any version of the will. Are there any actions that I can take to obtain a copy of the will or previous copies of the will? Is there any way I can see the changes made by my mother once she obtained power of attorney? If she made significant changes to his will without consent (which I think legally she had the right to do since she was power of attorney - please correct me if I'm wrong in this regard) is there any action that I can take to have those changes reversed? Why would I receive a personal check from my mother, and not a check from the attorney who handled my grandfather's will?

I have requested the information for my grandfathers attorney from my mother, but she only responds with threats about not giving me anything. I'm not trying to get into a battle of spite with my mother, I simply don't have time for that - I'm a servicewoman out of state attending school full time as well. However, if my grandfather intended for me to receive a larger portion of inheritance and it would be easy to prove this, then it could really help my family. Thanks for any further advice.
 

Zigner

Senior Member, Non-Attorney
Thank you for the response. I had a feeling I wasn't being direct enough with a question, but I guess that is because I don't know what options are available to me or what to ask really. While it may seem unreasonable to have "accused your mother of punishable misconduct," we have been in a state of discord for years now, and I wouldn't put devious actions past her for an instant. I don't want to get into particulars of our relationship because of the risk of sounding petty, and I don't want to get off track here.

My grandfather was never comfortable discussing his will because he stubbornly "didn't want to go there" which is why I had never seen any version of the will. Are there any actions that I can take to obtain a copy of the will or previous copies of the will? Is there any way I can see the changes made by my mother once she obtained power of attorney? If she made significant changes to his will without consent (which I think legally she had the right to do since she was power of attorney - please correct me if I'm wrong in this regard) is there any action that I can take to have those changes reversed? Why would I receive a personal check from my mother, and not a check from the attorney who handled my grandfather's will?

I have requested the information for my grandfathers attorney from my mother, but she only responds with threats about not giving me anything. I'm not trying to get into a battle of spite with my mother, I simply don't have time for that - I'm a servicewoman out of state attending school full time as well. However, if my grandfather intended for me to receive a larger portion of inheritance and it would be easy to prove this, then it could really help my family. Thanks for any further advice.
A PoA cannot change a will.
If you weren't provided for in the will, then you are not entitled to see a copy of it, although it's likely publicly available through the courts.
My guess is that you got a check from your mom because she felt like giving you a portion of the money she received.
 

anderb16

Junior Member
Just in case you do not understand the lingo...if you are named as a beneficiary of a life insurance policy the insurance company sends the check directly to you.
Thank you for the response. That is the way I understood it. Unfortunately, I believe my mother changed beneficiary information during her time as power of attorney. I'm trying to find out if there are was I can see different versions of his will - prior to her changing it, and after.
 

anderb16

Junior Member
A PoA cannot change a will.
If you weren't provided for in the will, then you are not entitled to see a copy of it, although it's likely publicly available through the courts.
My guess is that you got a check from your mom because she felt like giving you a portion of the money she received.
Alright. That perfectly summed up the information I was trying to find. Thank you Zigner! I'll see what I can find as far as public record, but this seems unlikely to change anything one way or another. I appreciate the information.
 

davew128

Senior Member
Thank you for the response. That is the way I understood it. Unfortunately, I believe my mother changed beneficiary information during her time as power of attorney. I'm trying to find out if there are was I can see different versions of his will - prior to her changing it, and after.
What part of POA cannot change these things did you not understand?
 

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