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Can poa change life Insurance benificary

Covington, GA |

My mother died,my step brother came the next day and took my step father less than 3months later he passed ,but somewhere in between my stepbrother changed the benificary to himself. He had poa

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Attorney answers 5

Posted

Your mother's POA expired as soon as she died. If the transfer was under her POA after she died it was improper and null

Posted

It depends on what the powers are granted under the power of attorney, as well as the requirements of the insurer and the governing law of the applicable jurisdiction(s). See a local probate lawyer ASAP!

John Zgourides
www.zgourides.com

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Posted

It is possible. Particularly if the POA was a valid broad-based financial version and there was nothing in the POA preventing such a change. Your step brother would also have to comply with the requirements of the insurance company to make the change. A probate attorney would be able to give you a definite answer by reviewing the POA and the insurance documents.

If this answer is helpful or you feel it is the best answer, please click that option. This response is for general informational purposes only and not for the purpose of providing legal advice. The writer is only licensed to practice law in TN. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the answers by the named attorney do not create an attorney-client relationship between said attorney and the user or browser.

Gary Todd Dupler

Gary Todd Dupler

Posted

I agree with Attorney Brinkmeier if the POA covered your mother. My response assumes the POA covered your step father.

Posted

The answer depends on whether the POA was on behalf of your mother or your stepfather. The POA for your mother expired upon her death. The POA for your stepfather might have allowed the beneficiary change, but this might also be a breach of fiduciary duty. Contact a probate attorney for assistance.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

Posted

Hell no.

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