Legal Question in Wills and Trusts in Georgia
Can I sue my step brother for changing himself to benificary of life insurance. He did this within 2 months after my mother passed. My step father had dementia! We all live in the state of Georgia. He also had his named added to checking, savings and safe deposit box. I never got to see what was in the box. They banked at a small town bank were he is on the board of Education! The estate has been settled because I wasn't in my right mind! I lost my mother December22,2012and the next day he came and took his dad to his daughters house! My stepfather passed March 12,2013. Thank you!!! Lost!!!
1 Answer from Attorneys
Can you sue? Anyone can sue or be sued at any time for anything. Will you recover? Hard to say. Your excuses for failing to act sooner (they are just that unless you were held in an institution) may have hurt any case you would have as there are time limits. Further, you can only sue if you can step brother committed a wrongful act and its unclear here what wrongful act was committed. You cannot change the beneficiary of a life insurance policy for a person who has died, so this makes no sense, unless you can show the dates were falsified and you have evidence of it. Safe deposit boxes have to be inventoried if they contain assets that are part of an estate. Was an estate ever probated? Was an inventory filed? Have you checked? When was his named added to the bank accounts? Was he power of attorney for his father? If so, when did that occur? Before the man developed dementia?
I don't know who the "he" is who was on the board of education or why this is in any way relevant. If you are referring to your step-brother, is this supposed to show that he was a good well-respected Christian and pillar of the community who also happens to have done allegedly shady things? It doesn't surprise me at all but it makes your case more difficult in that a jury or judge might find it hard to believe a fine upstanding man would do the things which you accuse him of. I also gather since you are posting here that you are on the outs with the family and are less than a success. So any case is going to be even more difficult.
Since you post no relevant information, you need to gather as much information and documentation about your mother's death as possible. Then you need to go to a probate lawyer who practices in the county/state where her estate was or would have been probated. You need to pay the lawyer to review the information. Provided that your mother had substantial assets (litigation is very expensive and you will have to show that these assets were acquired by your step-brother) the lawyer can advise you as to whether you could pursue a case for a constructive trust against your step-brother.
You have no claims to anything owned by the step-father unless step-father made a will making you a beneficiary of some or all of his probate assets or named you as a designated beneficiary of any non-probate assets.