Question about contesting my husbands will.- life insurance beneficiary changed from me to kids- im not executor. we seperated

Asked about 3 years ago - West Chester, PA

My husband and I purchased life insurance policys in 1998, we were each others primary beneficiaries Neither one of us had a will We then had two children and they were secondary My husband had life insurance at work with met life, he had cancer and lived 10 months. He told me months before he died that all our marital debt- my name only would be taken care of and i would have money to buy a townhouse. 2 days before he died, he made a will. Im an RN and was involved in his care directly and he remained on my health insurance. I dont believe he was in sound mind. I know the condition of his body. He listed his brother as executor and trustee of life ins. he gave 50000 to gf.I got court guardianship, judge made me put met life in restricted acct. I need$ to pay debt and for kids. help!

Attorney answers (2)

  1. Steven J. Fromm

    Contributor Level 20

    Answered . You need to retain an estate litigation attorney to represent you to see if this situation can be contested. Currently you are not the executor or trustee so you have no control of any of the estate or trust assets. You would have to prove that his actions of forming the trust and will were invalid due to lack of testamentary capacity. This is hard to prove without compelling evidence. Get with an estate litigation attorney to explore the possibilities.

    Hope this helps. Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is . For further tax advice visit his website at . and blog at <>

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more
  2. Jay G. Fischer


    Contributor Level 12

    Answered . First. let me offer my sincere condolensces on your loss. It is unfortunate that in addition to dealing with the loss of your husband you must know deal with his estate issues. Your situation is very complex and too involved to adequately answer in this type of forum. You need to immediately contact an attorney who can advise and assist you. I am very close and would be willing to provide you with a free consultation. Do not hesitate as it will only make matters more difficult.
    NOTE: Mr. Fischer is an attorney licensed to practice in Pennsylvania. He can be reached at 610-269-0900 Ext 2 or This answer was prepared for educational purposes only. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. Frequently the question does not include significant and important facts and time lines that if known could significantly change the response.
    The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.

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