Legal Question in Wills and Trusts in Georgia
My Father suffered a stroke in May 2009. One month later established his retirement benefits. Come to find out my father's "young girlfriend" was named beneficiary to his pension. Now I am having a hard time changing it. The pension board denied the request to a review stating that once a person identify their beneficiary it can not be changed. My argument was that my father suffered a major stroke one month prior to signing the papers, can't recall naming the "young girlfriend" as his beneficiary, and my father is illiterate; only reads and write on a 5th grade level. What is my next step in getting her name off my father's pension.
1 Answer from Attorneys
You leave out many facts. What is your legal authority to request the change? What evidence do you have to show that your father was not competent to contract when the change was made (not simply that he could not remember later)? The pension company is certainly not going to make changes because you claim that he can't remember making the change, and then battle the "young girlfriend" when she contacts them to get any money due under the actual contracts. If he was not competent to enter into the contract, you should be prepared to prove that to the company, most likely through a court action. Arguing to the company, or using terms like "young girlfriend," is not going to work.
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