What to do if my father took out a life insurance this past spring but did not name me as beneficiary?

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What to do if my father took out a life insurance this past spring but did not name me as beneficiary?

I recently found out that he named his ex-wife and friend beneficiary afterI was told something different. Should I contest it now while he’s still alive or is that something that I would wait on? Being his only child, I would be the one to care for any expenses after he passes.

Asked on December 29, 2012 under Insurance Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There are no grounds to contest this, UNLESS  you feel that your father was mentally incompetent at the time (since a mentally incompetent person cannot enter into an enforceable contract, including a life insurance contract) and/or was subject to such as level of "undue influence" by the ex-wife and friend (which generally requires they were caring for and effectively controlling him) as to render the contract void for that reason. Otherwise, your father is free to designate anyone he likes as his beneficiary, whether that is fair or prudent or not.


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