Can sister dispute beneficiary

Attorney answers (2)

1. Licensed in MD

   

   Lindsey Duvall

   Annapolis Estate Planning Attorney

   Contributor Level 9

   Answered August 01, 2011 08:13. Your sister's attempt to have the beneficiary designation changed to herself, in a way that no one could discover before your father's death, should be unsuccessful. Legal title to the benefits is determined at the time of death. The title to those benefits is maintained by the insurance company, pursuant to the contract with your father. Absent some provision in the insurance policy which permits this unorthodox change of beneficiary, your sister is almost certainly without a legal basis for her threats.

   This response it is not legal advice and does not create an attorney-client relationship with either Mr. Duvall or... moreThis response it is not legal advice and does not create an attorney-client relationship with either Mr. Duvall or Duvall Law Firm, LLC. The response is only provided as general information in response to the question presented and for the purpose of legal education to the public. The question, as presented, may leave out significant and important facts which, if known, could significantly change the response, make the response useless, or worse, render the response incorrect as applied to the actual facts of the matter. It is recommended that you consult with an attorney licensed to practice in your jurisdiction if you want legal advice upon which you should rely. By using this site, you understand and agree that there is neither an attorney-client relationship nor an expectation of confidentiality between you and the responding attorney. The law changes frequently and varies greatly from jurisdiction to jurisdiction. The information and materials provided are general in nature and may not apply to a particular factual or legal circumstance, regardless of what is described in the question. less

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2. Licensed in MD

   

   Herbert CooperPro

   Wellesley Business Attorney

   Contributor Level 13

   

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   Answered August 02, 2011 07:38. The unfortunate answer is that anyone can pretty much sue about anything. It is not uncommon in the probate and decedent's estate arena for disgruntled heirs to file suit, hoping to coerce other beneficiaries into giving them money, regardless of the intent of the decedent or the strength of their legal case.
   
   Generally, life insurance policies are contracts between the insured decedent and the life insurance company, with any changes having to follow the rules of the life insurance company. It may be a requirement that any changes to beneficiaries be on the life insurance company's form, be notarized, and be filed with the company before the date of death. The insurance company can tell you. If they detect fraud, they may deny an action, such as a change of beneficiary.
   
   You're suggesting that your sister wants to sue you, and not the insurance company. Unless you have done something wrong, such as coerce your father into naming you beneficiary, or telling the insurance company that a named beneficiary was deceased, it doesn't sound like your sister has much of an argument. (And theoretically, even if you did convince your father 25 years ago, the question would be why he wouldn't have changed it if that wasn't his true wish over the past 25 years.)
   
   That being the case, you should contact a local probate attorney as a defensive measure.
   
   Finally, this is not legal advice, which is only provided after execution of an engagement agreement and review of pertinent documents and other information. This kind of public forum is not appropriate to disclose all information necessary to give legal advice, which is only given after review of pertinent documents and information and execution of an engagement agreement.

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