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My father had my name as a secondary beneficiary behind my stepmother on life insurance so I guess I have no rights

Lake Worth, FL |

But I have never been supplied the will and I can prove undue influence and capacity issues. I have a good relationship with my dad who said he planned to give to me in his passing until the last 90 days of his life. During that period he was only exposed to my stepmother and her brother. I was shut out for an argument and received nothing but a photocopied letter from my dad which I am not sure he even wrote. It was a computer letter with NO signature.. He never would have left without any note or message to his grandkids and family. I think my stepmother buried it and send this letter. Again 90 days from his ending all was fine. I have proof of the changes from people and even in the drying words of my father to his wife's brother. Do I have any recourse against his wife from ANY angle

From what I can tell the insurance is a lost cause. Is there any way to sue her civilly for the last 90 days of undue influence and his capacity issues on major pain meds. Can I pursue property and personal assets. I have not even viewed his will because my stepmother won't supply it. Further I believe it was changed in the last 90 days of his life as this issue arose.

Attorney Answers 3


  1. Contesting a Will is one thing, contesting a beneficairy designation on a life insurance policy is another. If you think you have strong proof of fraud or influence consult with probate litigation attorney. Be prepared to spend a lot on legal fees. Such cases are difficult and expensive.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.


  2. You have a very hard case but proof of incompetence or fraud or undue influence would give you a chance.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  3. Undue influence and lack of capacity are reasons for contesting a Will; however, both are difficult and costly to prove. You should consult with an attorney experienced in probate litigation.

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