My Father in Law recently died, his sister is benefactor, can his legal surviving wife contest the policy and receive benefits and/or money?

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My Father in Law recently died, his sister is benefactor, can his legal surviving wife contest the policy and receive benefits and/or money?

Asked on June 6, 2009 under Estate Planning, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I assume that we are talking about a life insurance policy here.  Absent a claim such as fraud, duress, or mental incompetence the surviving spouse cannot contest the beneficiary of such a policy.

Since you did not indicate any of those factors were at issue here, his sister should receive all proceeds.


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