How can I go about contesting the designated beneficiary of my father's life insurance?

Asked 3 months ago - Milwaukee, WI

I'm my father's only child, the next of kin, and I have recorded messages from my father where he states that he was naming me and my children his beneficiary, now he's died suddenly and his "girlfriend" is named as the beneficiary of his life insurance. He lives in Indiana and I live in Wisconsin and I'm unable to do anything with the life insurance as I'm not the beneficiary of the policy.

Additional information

This concerns me because my father was an alcoholic, and at times didn't function with all of his capacity and in the past she has done things that have been questionable.

Attorney answers (4)

  1. Nick Passe

    Contributor Level 15

    7

    Lawyers agree

    Answered . You would probably need to prove that she somehow "forced" him to do it or unduly influenced him. You are looking at a tough fight and will realistically need an attorney skilled in such fights. Your dad could have changed his mind at any point and for any reason, or he might have been misleading you or not wanting to disappoint you. You'd probably need to have a medical professional or two agree that at the time your father changed the beneficiary he was mentally incapable of doing so. This is a hard thing to prove most of the time.

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    Attorney Nicholas J. Passe

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  2. Steven M Zelinger

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . This isn't an estate matter really - it is a contractual matter of disagreement at this point with the insurance company. The insurance company is going to presume the beneficiary designation is legitimate and follow the binding contract. You will have a difficult time proving he did not appreciate the change - you certainly will need a good contract litigation lawyer to even have a chance.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  3. Edward Fossum Hooper

    Contributor Level 8

    3

    Lawyers agree

    Answered . This is a very difficult battle to both fignt and win. No way is the insurance company going to do anything without a court order, and that is going to be tough to get. You will get nowhere without an attorney. I doubt you can prevail.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . On what basis?? Undue influence and duress would likely be losers

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