Legal Question in Wills and Trusts in Pennsylvania
Being declared incompetent after changing deed and life insurance beneficiary
An elderly woman whose mental state has been deteriorating for some time, added an unrelated person to her home's deed.She also changed the beneficiary on her life insurance to the same person, 7 months ago. We believe she would not have done this if mentally stable and believe she was manipulated by the newly named beneficiary. The woman's nephew who lives in another state, was named as her power of attorney, years ago. Due to her current mental state, she is likely to be declared incompetent. Can her nephew petition the court to reverse the changes made to her deed and life insurance? What are the chances the court will have the second name removed from the deed and reinstate the original beneficiary to the life insurance policy?
1 Answer from Attorneys
Re: Being declared incompetent after changing deed and life insurance beneficiary
How did she add someone to the deed?
A deed is a document that transfers ownership of real property. Once it is recorded that deed can NOT be changed. What she had to do was execute a new deed with her as the Grantor and her and the other person as Grantees. If she didn't do that and you can check that by looking up the deed on file with the Recorder of Deeds where the property is located.
As to changing her insurance policy you can challenge that. If you believe there was undue influence, duress or fraud.
It would be helpful to know who the third party is and the relationship with the woman.
It would appear if your nephew is her agent (the POA is a document not a person) he should have standing to challenge her actions via a competency hearing. The downside to a competency hearing is it will lead to hard feelings.
If you have any further question please feel free to contact me.
{John}
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