Legal Question in Insurance Law in Georgia

Contesting The Beneficiary Of a 401K and Life Insurance Policy

My father passed away 16 days ago by means of suicide. His next of kin would be myself (over the age of 18) and my brother who is still a minor. It has recently come to my attention that he left his fiance as benificiary for his 401K as well as his life insurance policy. I believe my brother and I are intitled to some monetary payout however, I'm not sure she will ''gift'' this to us. Some say I could contest due to his mental state. He was clinically depressed for the entire time he was with her. Do I have a leg to stand on? While I believe she is entitled to something, I also believe he would want to leave his surviving children with some sort of cushion. Any thoughts?


Asked on 1/11/09, 8:26 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Contesting The Beneficiary Of a 401K and Life Insurance Policy

Adult children are NOT entitled to any inheritance if their parents exclude them, as yours did, and, as a general rule, a person has an absolute right to leave insurance and 401Ks as they see fit, absent actual fraud or duress. It is very normal to name spouses and fiances ahead of adult children. If he had wanted you to have something, he would have done so. Courts don't amend that decision after death.

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Answered on 1/11/09, 8:42 pm


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