Proof of incompetency

[MostWorriedMom]

What is the name of your state? WI

My ex-husband added a new wife (now divored) to his life insurance policy (against our divorce as he was to keep our kids on 100%). He has now died and since the policy was through the federal govt., they will only change things if we can prove him incompetent at the time he added her. She was his therapist, he had MAJOR psychological problems and split up with her within a few months. (No children by her). I believe he WAS incompetent but would like to know what "legally incompetent" needs as proof, or what the courts atually look at to determine if he was.

Thanks for your help. This would all be a mute point if the federal govt. would recognize WI laws as once divorced, she would have been taken off as beneficiary.

MostWorriedMom

 

[hmmbrdzz]

Well, since no one in a “legal sense” has replied to your post, here goes. Someone can be defined as mentally incompetent if they are psychotic due to mental illness (for example, hallucinating, hearing things, manic behavior, psychotic from depression). The person with the mental illness must be judged unable to know what they are doing and unable to understand the consequences of their actions. There are several mental disorders (and physical ones, too) that can render a person mentally incompetent. The incompetence does not have to be a continual state (in other words, it could be judged “temporary insanity“ and still be judged to be “mental incompetence“). If you’ve been told that you need to prove your husband’s mental incompetence in order to void this therapist as his beneficiary, someone's got to the prove your husband didn't know what he was doing when he married her. You need an attorney. The fact that he married his therapist really puts a twist on this one and is definitely in your favor. I’m not an attorney but have worked in psychiatric medicine for years. For a therapist to marry a patient? That's just totally unacceptable practice and is actionable in and of itself. Speak to an attorney. Hope the definition helped.

hmmbrdzz

 

[CIAA]

We are not attorneys, but wouldn't it be easier to seek enforcement of the terms of the divorce decree?

 

[MostWorriedMom]

We're trying to enforce the divorce (in her divorce, she also said she wanted none of his life insurance and wouldn't sue for any, but since this is FEDERAL-really makes me mad, they say they don't have to listen to any state (WI) divorces or laws.) He worked for the Post Office. It's in the courts but just doesn't look good at all in my opinion. The feds said they would only listen to a court that said he was incompetent at the time he put her on his life insurance. I'm just thinking since he was so messed up, it may be an easier route to prove incompetency. I just can't believe she's doing this to his kids!