What is my recourse if my 87 year old father put his ex-girlfriend down as beneficiary on his railroad retirement death benefits insurance policy?

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What is my recourse if my 87 year old father put his ex-girlfriend down as beneficiary on his railroad retirement death benefits insurance policy?

They lived together for several years but have since separated (5 years ago). At this point he refuses to change his beneficiary to myself or any of my 3 siblings and we’re all getting worried about who is going to pay to bury him as it’s fairly obvious she wont use the money’s for that purpose.

Asked on September 21, 2013 under Insurance Law, Oregon

Answers:

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

Answered 8 years ago | Contributor

You are in a tough situation.  If he is competant - and it sounds as if he is - and he chooses to leave the beneficiary as is then you may have no recourse here but to continue to appeal to him. Continue to explain that you will not have the money to bury him although if the estate has additional funds to pay the funeral expenses you may no have a solid argument.  If there is a family member that is closer to his age that can appeal to him then try that too.  If he is not ompetant then speak with an attorney about guardianship or conservatorship.  But in Oregon the laws are pretty clear about what you may or may not do.  Good luck.

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

Answered 8 years ago | Contributor

You are in a tough situation.  If he is competant - and it sounds as if he is - and he chooses to leave the beneficiary as is then you may have no recourse here but to continue to appeal to him. Continue to explain that you will not have the money to bury him although if the estate has additional funds to pay the funeral expenses you may no have a solid argument.  If there is a family member that is closer to his age that can appeal to him then try that too.  If he is not ompetant then speak with an attorney about guardianship or conservatorship.  But in Oregon the laws are pretty clear about what you may or may not do.  Good luck.


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