Legal Question in Wills and Trusts in Florida

Re: Beneficiary Switched

Possibly, but only if there is evidence of such things as fraud and duress.

Re: Beneficiary Switched

Successfully contesting a beneficiary on a 401k is difficult to do. In most cases you need to show that the change was made due to duress or because fraud was involved.

If you have further questions, please feel free to call me at (407) 353-4728.

Re: Beneficiary Switched

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You may file an adversary proceeding to the will which will be a challenge to the Estate. The 401K plan passes outside the estate so a separate action would have to be filed. You must be able to prove fraud, duress, or undue constraint in order to be successful.

I strongly suggest that you consult with a probate or family law attorney in your area to review this and all other legal questions regarding this matter.

Scott R. Jay, Esq., 305-249-8000

Re: Beneficiary Switched

You indicate he was in a nursing home but fail to give the reason therefore. You will need to prove fraud, duress or lack of capacity. Good luck.