Legal Question in Wills and Trusts in Georgia
My father recently died d/t complications of Glioblastoma ( brain tumors ). He made changes to his insurance Beneficary about 5 months prior to his death. The insurance company is now asking for a letter from a physican that states he was capable of making this change. Stating that they could be sued by the former beneficaries for paying to the named beneficary under the claim that he was incompetent. At the same time that he made these changes he also named a Finacial and Health POA. Can the Insurance company be held liable for paying a valid claim to the named Beneficary?
2 Answers from Attorneys
The bottom line is that the insurance company has a right to investigate and everyone should cooperate.
The answer is maybe. You will need to speak with a lawyer or the new beneficiary will. A court may have to make the determination as to who gets the money. Also explore the possibility of the old beneficiary signing a waiver of some sort to the insurance benefits. It may not be possible, but it's worth asking.
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