Legal Question in Wills and Trusts in Virginia

My father was deemed incompetent in 2008, with my brother and I each being named co-guardian. Dad passed away on 8/23/10, but two months before my brother came to the hospital while Dad was very ill and had him sign a letter requesting all life insurance benefits over to him, leaving me with none. The life insursnce company never made the change because the proper form was never filled out, only the letter requesting the change was sent. Now my brother is suing me for my half of the policy that has since been paid out. Since Dad was deemed incompetent two years ago, how valid would this type of request be within the courts? I am hiring an attorney to represent me tomorrow (11/15/10) as I just received the summons yesterday.


Asked on 11/14/10, 5:40 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Very likely, not valid at all, as your soon to be hired attorney should soon be telling you.

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Answered on 11/19/10, 7:25 am


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