Legal Question in Wills and Trusts in Georgia
My sister got my mother to sign ownership of a life insurance policy to her and she has withdrawn the cash value and has removed my brother and me as beneficiaries and named herself as sole beneficiary. My mother had no idea what she was signing and was unaware any changes had been made to the policy. She now knows, however, what my sister did and she wants to void the changes by whatever legal means is necessary. This same sister frequently brings papers to my mother and has her sign them and she now has total control over all of her bank accounts and refuses to add my brother and me even though my mother has told her she wants us on the accounts. When my mother asks what she is signing, she tells her it is just "routine" paperwork and gets angry if our mother questions her. Do we have a viable case to get the life insurance changes voided and what are we looking at as far as the process? I would like to avoid having our mother in a court room so is there any way to accomplish this, perhaps by getting an attorney to take a statement from her verifying that she didn't know what she was signing and then send it to the insurance company or will this be a legal battle with my sister?
1 Answer from Attorneys
Your mother no longer owns the policy and cannot rescind any changes. And getting a statement from your mother will do no good.
Your mother needs to see an elder law litigation attorney now. If your mother is no longer mentally competent then you or another family member can be appointed as guardian.
Your mother or legal guardian for your mother would have to sue your sister and try and get a court order either directing her to change things back or placing what is called a constructive trust over those assets so that they cannot be disposed of. Your mother will need to consult with an attorney who is located in the county/state where she resides.
Your mother cannot wait and hope things will get better. She needs to act now.
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