Legal Question in Wills and Trusts in Indiana

my grandpas pension

this past year in april my grandfather died of cancer and in the last month his pension beneficiary was change from my grandma his wife of 13 years to his daughter he was undergooing kemo treatment and morphine to ease his pain well no one will sumbit the real document for a writting anyalasis and the witness signed the document the day after my grand father did. Its a 90,000 dollar policiy and the judge advised my grandma to take 4,000 in a settlement but 4 months before there was a change in the beneficiary my grandpa signed on sitting here at my table with our pastor my uncle my mom me and my grandmother all witnessing it. Anyhow my question basically is can a document like that have a witness sign the day afterwards?? should she fight it ??


Asked on 2/02/07, 6:52 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: my grandpas pension

The grandfather's pension beneficiary form does not need to be signed at the same time as grandfather signed it. It would be sufficient if grandfather told the person that he had already signed it. I'm not even sure a witness signature is required for a pension beneficiary form to be valid. In any event, the matter turns on the questions of grandfather's ability to understand what he was doing and on the undue influence of others. Being under the influence of narcotic drugs could be a factor, but the courts know that people often know their own minds, even when receiving pain relief. And making the change to favor a daughter (as opposed to a young girlfriend) isn't going to alarm anyone. As far as undue influence goes, the court might decide that being surrounded by a wife, her son, her grandson, and a preacher could be an example of undue influence. Your grandmother should consult with a lawyer in person to evaluate whether to fight. There are strict, short deadlines to meet in probate cases, so don't delay.

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Answered on 2/02/07, 9:14 pm


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