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.


Asked on 10/18/99, 5:05 pm

2 Answers from Attorneys

Steven Levy Law Office of Steven R. Levy

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.

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Answered on 10/21/99, 11:05 am
Steven Murray Steven W. Murray, APC

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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Answered on 11/19/99, 8:47 pm


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