This question has to do with legal contracts and beneficiaries. My Father died recently he had been estranged from his children for a year or so after a horrible divorce. A few years before he died we became close again and stayed in contact. A year ago he had a massive heart attck and almost died. After his close call he told all of us that he had life insurance and 401k money set aside for us should anything else ever happen. Well, a year later we lost him suddenly to an intracranial bleed. We began to plan his funeral and go through the steps with probate to handle his estate. While we were doing this we found out 2 things
1) his brother broke into his apartment via drilling the locks out, and stole numerous items. Some were returned others were not
2)my father had started a new job durint the time period that we were estranged and he set his brother as beneficiary to his insurance and 401k.
The brother promised us in front of another of my fathers brothers and a funeral director that he would sign that money over to the children as it was what my father wanted. He is now going back on that word.
my questions are: since our uncle did promise to give us that money in front of wittnesses is that a verbal contract? do we have any chance getting that money?
is there any way we can contest him as the beneficiary?
Once the estate is given to us via probate can we press charges for him breaking and entering in the house? We have a wittness to that too