Wednesday, February 29, 2012

Relative added his adult children to my uncle's (with dementia) insurance policy he set up for my sis and I

Since my sister and I were born, my "uncle" who is actually my mom's uncle, a lifelong single man, took pity on my us because our father abandoned us. He made us the beneficiaries of a small US Postal service employees insurance policy. Approx 30k was to be split between sister and I. Uncle is still alive but not doing well, with advanced Alzheimers. His brother and sister were appointed power of attorney. His sister (my grandma) recently passed away. Well this brother is really nasty and greedy, and a few years back he found out about the policy and threw a fit and tried to get it changed into his adult kids' names!! They told him no one could be removed, only added. So he added 3 of his kids to it out of jealousy. This was not my uncle's will or wish! I hear that my aunt changed it back into my sister and my name without him knowing, but I am sure he went and changed it back again. Is this legal? Do I have any legal recourse to sue him if it turns out he did put his kids back on it?Relative added his adult children to my uncle's (with dementia) insurance policy he set up for my sis and I
The question is whether he was mentally competent to change the beneficiaries on his insurance policies. If he had not already been adjudicated mentally incompetent when the changes were made then it will be a factual issue after his death if you or someone else chooses to contest the distribution. Such contests can easily cost more than your half or third share of $30,000. If you think its worth it start marshalling your evidence of mental incapacity now. See a lawyer who handles probate contests.Relative added his adult children to my uncle's (with dementia) insurance policy he set up for my sis and I
If he has POA then you have no recourse. I find it sad that the manis not even dead and yet the vultures fight over the money already.

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