Legal Question in Wills and Trusts in California
life insurance - contest beneficiary
my father named me as beneficiary for his life insurance. when he put me on there he had been diagnosed with alzheimer's. he was still ok to make all his own decisions. he was still living on his own at the time. can someone (my brother)contest the policy??
2 Answers from Attorneys
Re: life insurance - contest beneficiary
Yes, he can contest the decisions made by your father. There are several bases that he can contest, capacity (not competent), undue influence, etc.
Does your father have a conservator appointed? Has he given a power of attorney to anyone? If so, does the person with power of attorney act in their own best interests versus those of your father?
It probably won't, however, be contested until after your father's death. You can always seek to gather evidence of his intentions with regard to the life insurance policy and your being beneficiary, i.e., videotape interview, written declaration, etc. Doctor's records, written declaration as to father's competence.
Good luck.
Re: life insurance - contest beneficiary
He can contest it--to be successful, he'd need to prove your father was not competent to understand his decision at the time, or that you exercised undue influence or fraud to get the signature.
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