Legal Question in Wills and Trusts in Minnesota
Life Insurance Beneficiary Change
My brother, who passed away 11/3/'01, was terminated from his job on 9/11. His group life insurance policy states myself as sole beneficiary.
He recieved forms for an Individual conversion life policy 10/17. He was not able to complete and send in the information.
The executor (an older brother) filled out the forms and changed the beneficiary to himself without my knowing on 11/7. Now the insurance company's legal team is investing to determine which policy to honor. Did he have the right to change this? The will does not state that the life insurance is to be divided among heirs only the estate assets.
He is trying to tell me that he had a conversation with him before he died. Yet he did not tell me or other family members.
Thank you in advance for you time.
2 Answers from Attorneys
Re: Life Insurance Beneficiary Change
I would act immediately to restrict the personal representative from any further action pending court intervention. I do not know how the probate is set up whether informal or supervised, whether the probate is bonded etc. This may be an asset of the estate or something else. The personal representative it appears does not have your interest at heart here.
Re: Life Insurance Beneficiary Change
The insurance company will only validate one policy. Only the person who gets the check will probably know their decision. They may or may not notify the other beneficiary. The thing to do is retain counsel to protect your rights.
Let me know if I may be of assistance.
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