by ohc3rd » Wed Jun 29, 2011 07:13 pm
The decedent's fiance was named 100% beneficiary of the life insurance policy 8 months before his death due to terminal brain cancer. She cared for him at their home until it was no possible due to his deteriorating mental and physical condition. During his final 32 days of life, he was in a care facility where he was heaviliy medicated and he was suffering from the effects of metatastic brain cancer.
Decedent's former wife and her friends began to spend an inordinate amount of time with the decedent and constantly told him his fiance wasn't there with him 24 hours a day and that she didn't care about him or love him and that she was only in it for the money. They constantly told him how much they needed money and that they were broke. They also made disparging remarks against the fiance to the nursing facility staff and hospice workers/social workers in an attempt to "turn them against her." The ex-wife's meddling caused problems in the relationship between the decedent and his fiance during his time in the hospital and they may have been on "the outs" the day the changes were made. Decedent's mental and physical condition were weak and he knew he was facing death.
12 days before his death, the ex-wife had brought an insurance agent to decedent's bedside to have him reduce the fiance's share to 25% and give the 75% to their son from their marriage. The insurance agent also executed a change of address form to make sure the confirming documents when to his office and not the decedents and ex fiance's home, even though he was not the agent of record nor did he have anything to do with the policy beforehand. He just knew how to obtain the change of beneficiary forms and sent the forms to the insurance company from his insurance office by facsimile and they were accepted without question.
4 days before the death of the decedent, the same thing occurred again with the fiance's share being further reduced to 12.5% in favor of the decedent's brother who had flown in to visit. All of these changes occurred in the presence of ex-wife and her insurance agent friend.
What recourse does the fiance have? Did the insurance agent act improperly? Can the fiance have her 100% share reinstated, despite the fact that the son and brother were not close to the decedent, they do appear to be "natural heirs?" The son was not present during the time the changes were made, but the brother was during the second time. It appears the ex-wife was behind the whole deal, (exerting the undue influence) although she did the acts to the benefit of others, not to herself. Does the fiance have any recourse against the insurance company for executing the changes with question or investigation?
Decedent's former wife and her friends began to spend an inordinate amount of time with the decedent and constantly told him his fiance wasn't there with him 24 hours a day and that she didn't care about him or love him and that she was only in it for the money. They constantly told him how much they needed money and that they were broke. They also made disparging remarks against the fiance to the nursing facility staff and hospice workers/social workers in an attempt to "turn them against her." The ex-wife's meddling caused problems in the relationship between the decedent and his fiance during his time in the hospital and they may have been on "the outs" the day the changes were made. Decedent's mental and physical condition were weak and he knew he was facing death.
12 days before his death, the ex-wife had brought an insurance agent to decedent's bedside to have him reduce the fiance's share to 25% and give the 75% to their son from their marriage. The insurance agent also executed a change of address form to make sure the confirming documents when to his office and not the decedents and ex fiance's home, even though he was not the agent of record nor did he have anything to do with the policy beforehand. He just knew how to obtain the change of beneficiary forms and sent the forms to the insurance company from his insurance office by facsimile and they were accepted without question.
4 days before the death of the decedent, the same thing occurred again with the fiance's share being further reduced to 12.5% in favor of the decedent's brother who had flown in to visit. All of these changes occurred in the presence of ex-wife and her insurance agent friend.
What recourse does the fiance have? Did the insurance agent act improperly? Can the fiance have her 100% share reinstated, despite the fact that the son and brother were not close to the decedent, they do appear to be "natural heirs?" The son was not present during the time the changes were made, but the brother was during the second time. It appears the ex-wife was behind the whole deal, (exerting the undue influence) although she did the acts to the benefit of others, not to herself. Does the fiance have any recourse against the insurance company for executing the changes with question or investigation?
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