Can my mother re-gain ownership of her life insurance policy and/or change beneficary, since my brother deceived her into signing over rights?

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Can my mother re-gain ownership of her life insurance policy and/or change beneficary, since my brother deceived her into signing over rights?

My mother unknowingly relinquished her rights to her life insurance policy to my brother, making him the owner and the beneficiary. My mother was just informed last week that she is not the owner of the policy, but my brother was. She is not sure what course of action she should take. Please help.

Asked on May 14, 2009 under Insurance Law, Texas

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to help get your mother to a lawyer.  It appears that she is not capable of making informed decisions.  She should have someone appointed as havng power of attorney to make her legal decisions for her.  Your brother seems to be controlling and selfish.  The life insurance policy that she has names your brother as the beneficiary as i understand the question.  You want this changed.  You need to have a family meeting as the beneficiary may be changed.  You need to make sure there are witnesses to the conversation and maybe a family lawyer that can assist here.  You are going to be at odds with your brother so there will be a conflict.  If you mom is healthy enough to make a sound mind decision, they she should talk to both of you in the presence of a lawyer who can be responsible for carrying out her intent and decide who if any should be appointed as having power of attorney.  This should not wait another week so that you can resolve this issue in the event that god forbid she passes away.


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