by hooneybunn1 » Sat Feb 13, 2010 11:13 pm
My father passed in 2009. In 2005 he changed his benefciary at his job. He was retired. The insurance dept at his job is refusing to honor the beneficiary change because they say he didn't have the mental capapcity to do so. His mental capacity was not acknowleged until 2008 in court. Do my sister and I have a case?
Posted: Sun Feb 14, 2010 12:05 pm Post Subject:
Do my sister and I have a case?
I guess that depends..who did your Dad change it from? meaning who WAS the beneficary, and who did he change it to?His mental capacity was not acknowleged until 2008 in court
Who brought this to court? Most certainly anyone who is deemed mentally incomp. in court did just get that way the day the court so ruled...He'd have had to be declining for some time. When did he become ill?Posted: Mon Feb 15, 2010 03:13 am Post Subject:
As Lori stated just because there was legal action taken in 2008, it does not necessarily follow that anything done prior to that would be uneffected.
Your question goes beyond the scope of an insurance agent and really should be addressed by an attorney.
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