Can a lawyer go to a hospital to get life insurance signed over to a bank?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a lawyer go to a hospital to get life insurance signed over to a bank?

My dad owed a bank money. When was dying it sent its lawyer to the hospital to get my dad to sign over his life insurance policy. He did and it was witnessed by me and my mom. Dad was on strong pain killers and had just got out of ICU.This was the bank’s lawyer but he had also represented my Dad before and was supposed to be my Dad’s friend. Dad signed this to the bank and we witnessed it but we were worried about Dad at the time and not about money. Now however the bank wants to take everything my Mom owns. Shouldn’t this be unethical?

Asked on September 4, 2010 under Business Law, Kentucky

Answers:

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

Answered 13 years ago | Contributor

I am sorry for your loss.  I would indeed consult with an attorney as to the actions taken by the bank and its attorneys, regardless of it being your dad's "friend."  It appears that your Father was not in the frame of mind to execute any documents, and especially any legal documents that would change the beneficiary on his life insurance.  If the bank wanted to come after your Mother - and it seems that they have anyway - then they could have regardless of who was the beneficiary of the life insurance policy.  You need to have the designation set aside and you are going to have to bring a lawsuit to do so.  And I would consider filing a disciplinary complaint against the attorney.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption