Legal Question in Insurance Law in South Carolina

Contesting a beneficiary change on a life insurance policy for an end-stage liver failure patient

My mom recently passed away from end-stage liver failure. Her symptoms started in early December, and included (at times) being both mentally and physically incapacitated. She and my stepfather were having issues prior to her health deteriorating, and she had started the process for separation from him in October 2011. Also in October, she changed the beneficiary on her life insurance policy from a joint listing of me, my brother, and my stepfather to a listing where my brother and I would each receive 50% (effectively removing my stepfather from the list of beneficiaries).

In mid-January of this year, my mom changed her beneficiary to only my stepfather; she then passed away in mid-February. My brother and I can't believe that it would be my mom's wishes to give everything to my stepfather, considering she was beginning the process to file for divorce from him just four short months ago. Also, seeing that her mental state was at times compromised due to her end-stage liver disease, we feel like my step-dad took advantage of the situation to coerce her into changing the policy.

What rights do my brother and I have to contest the beneficiary on her policy? Thanks so much for your help.


Asked on 2/27/12, 12:57 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

You need to contact a Probate attorney and tell him/her what you just said in this question. The attorney will most likely ask you questions for details, evidence, facts and any sort of indications that would support contesting the insurance policy. You've done a good job of explaining things in general. Now in order to know where you stand, you need a legal opinion from a Probate attorney who can ask you all the necessary questions to ascertain if a challenge would be feasible and if there is enough evidence to justify it. There is so much to the process that I couldn't possibly fill you in with this response. But at least you know what the next step is. I wish you well.

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Answered on 2/27/12, 1:08 pm


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