Legal Question in Wills and Trusts in Pennsylvania
I live in PA. We divorced in 2007. The agreement filed with the court ordered hue beneficiary for our insurance policies be our son. My former husband lived with a woman to whim he gave POA in 2009. He died 2 weeks ago. I had my son, who is 18, call to find out how to claim the policy and found out the beneficiary was changed to the girlfriend. We requested the beneficiary be in dispute. I have to furnish the divorce decree and property settlement. Then they will rule. My question is how do we find out whether my former husband or his girlfriend as PoA made he change. He was in hospice for one week before he died and she was administering powerful drugs to him. If his girlfriend is beneficiary on his IRA that is worth about 80,000. how do we find out when and who changed?
1 Answer from Attorneys
Your son needs to get a lawyer now. You will need to bring a legal action against the girlfriend. I don't know about requesting some beneficiary dispute. Perhaps the insurance company will refrain from paying out the money. They might bring what is called an interpleader action and the pay money into court and let the old beneficiary and new beneficiary fight it out.