What to do if the beneficiary of a life insurance policy is being contested?

I helped out an old friend on and off for the last 2 years of his life. His family didn’t want anything to do with him. He put me as the beneficiary of his $100,000 life insurance policy. After his death, the ex-wife and grown children are contesting saying that he was not in his right mind at the time he changed the policy. However, my friend had taken care of his own financial /medical needs and purchased and sold vehicles all after he changed the policy. The policy was changed 20 days before he took his own life. Do they have a legitimate case?

Asked on August 16, 2012 under Insurance Law, Louisiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation as it stands.  What you are going to need is to get an attorney because the insurance company is going to interplead the funds in to court during this contest of the beneficiary form.  It is their burden to prove that he was not of sound mind but I would gather the evidence you can to disprove the claim.  His ex has no right to the money even as part of his estate.  The kids would though if the court rules in their favor.  Good luck.                                                 

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