Legal Question in Elder Law in California

Re: Presumption of Undue Influence

I'm not sure whether the shifting of the burden of undue influence applies to life insurance, but the argument could be made. Even so, if the signature does not look like his, it's probably worth pursuing, but it may be up to you to prove it's not his.

If the burden does shift, your aunts do indeed have to prove that there was no undue influence in obtaining the signature. (The burden of proof shifts in cases where the recipients were heavily involved in the events leading up to the transfer--this assumes that your father would have signed the form himself.). You should have a lawyer review the facts and the evidence, and see whether and how you should proceed--this should be done quickly, as probate has some short deadlines.

Re: Presumption of Undue Influence

First, you must be careful not to alienate the insurance company with threats, anger, etc. You want them to be on your side. Secondly, look at the insurance policy itself and see what are the requirements for a beneficiary change. Does the beneficiary change require a notary? Does the beneficiary change require two witnesses? Can a beneficiary change be effected based merely on a signature which I believe is what you said you have in this case. Now, if all that is required is your father's signature you want to find out how the signature came to be? This is the information that you hope to get from the insurance company which is why you are going to be nothing but polite to them. Ask them how, when and where this signature came to be in their possession. They may or may not know. If they do not give you the information you will have to do some investigation on your own. It may come down to a handwriting expert. Based on what you have given me, that is all I can say at this time. Feel free to call me for a free telephone consultation and maybe I can tell you more.