Legal Question in Elder Law in Maryland

Issue- Mom named beneficiary of insurance policy. Insuarance company is following the will regarding payout. Payout is to be directed to Trust not Mother. My Father deceased in Sept.2016. Uncle pressured Dad for over 8 years to change his will. Dad gave in after dementia set in. now uncle is trustee of estate, and spill over will gives him all.

We children have NO assets so an attorney WILL have to be put on hold.

Is there a case law example to submit to the insurance company?

Thank you. Jenny


Asked on 2/02/17, 6:49 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

If the beneficiary is named and living, this is a matter of basic contract law. The Court of Appeals and most local Circuit Courts have a public law library where one can look up case law. The librarians are often helpful in narrowing a search to find specific case law on a particular topic.

The insurance company needs to follow the dictates of the insurance contract and pay to whomever is identified as beneficiary. It isn't clear why or how an insurance company would even look at the Will since the payout should either go 1) to the named beneficiary or 2) to the contingent beneficiary if the first beneficiary is deceased or 3) to the Estate of the deceased if there is no living beneficiary (or to such other persons as may be identified on the insurance contract.

Moreover, Maryland law does not allow a spouse to be entirely written out of a Will, so if the Father's wife (Mother) survived her husband, she would have statutory rights to demand at least 1/3 of the Estate.

An online post cannot really analyze the specifics of a particular situation - as with any contested estate you are encouraged to seek legal advice, even if you choose to self-represent. While this answer is not intended as legal advice or a promise to represent, I hope that it helps.

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Answered on 2/02/17, 7:02 am


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