Legal Question in Insurance Law in California
Insurance beneficiary
My husband died on 4/7/99 and left an insurance policy for me his sons are claiming that they were on the policy and I made him change in 1/11/99 while he was under huge amounts of morphine and other meds and that he was not in his right mind. This is not true. We were married for almost 5 years (shy 1 month) and lived together a total of 12 years. Do they have a right to half of this policy. His medical records and doctors can indicate that he was always in his right mind.
2 Answers from Attorneys
Re: Insurance beneficiary
Generally, the benefits (the money) of the insurance policy go to the "named beneficiaries" (person/people designated to receive the money). If you were properly named as the only beneficiary, they would have to prove that your husband was not "legally competent" (what they seem to be claiming by your reference to the morphine) or that you committed some type of fraud or undue influence to get your husband to make the change. YOU SHOULD CONSULT AN ATTORNEY WITH EXPERIENCE IN INSURANCE LITIGATION AND DO SO IMMEDIATELY.
Re: Insurance beneficiary
How long did your husband have the policy? Was it
bought while you were married? Is it an employee
benefit from his work?
Did he leave a will or a trust? When was it signed?
Who did he leave property to? Are the children
contesting these documents?
Do you have a lawyer handling any probate of the
will? You need an attorney to find out the answers
to these and many other questions in order to preserve
your right to be the beneficiary. The insurer will
hold up payment to everyone until this is resolved.
And you should act right away to prevent the insurer
from filing an interpleader suit (to deposit the
money in court) and try to get its attorneys fees
paid from your money.
Please contact me if you want to discuss this further.
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