Can I contest the beneficiary designation of a life insurance policy?

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Can I contest the beneficiary designation of a life insurance policy?

My mother passed away 6 years ago. I was contacted today about a life insurance policy of hers that was left to my father and, then myself in the event that he was no longer living. My father is still living I believe but he is unable to be tracked down. I do not believe that my mother would want him to be able to claim the policy anyway since they were not actually married, my father signed over rights to me to a friend prior to her death since she was ill and unable to care for me. The state gave my temporary gaurdian at the time rights to my social security when my mother passed. My father has rug and alcohol problems and has had multipul arrests, is there anyway I can contest him being the beneficiary?

Asked on December 5, 2012 under Estate Planning, North Carolina

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

It is possible you could file a petition in probate court to have your father declared dead in light of the fact that you have not heard or had any contact with him for years and do not have a locate on him; however the burden of proof is on you to establish the facts. Seek probate litigation counsel to assist you.


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