What is my recourse when my sister removed me as a beneficiary on my mother’s life insurance policy without my knowledge or consent?

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What is my recourse when my sister removed me as a beneficiary on my mother’s life insurance policy without my knowledge or consent?

Asked on October 14, 2010 under Insurance Law, Texas

Answers:

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

Answered 10 years ago | Contributor

How was she able to remove you?  Was she the Power of Attorney for your Mother?  Otherwise only the insured can change the beneficiary.  The beneficiary never has to give "consent."  Did she do so by misuse of power and against your Mother's wishes?  Perhaps your Mother was not of sound mind and she unduly influenced her?  What you need to do is to write to the insurance company and tell them that you were improperly removed as the beneficiary under the policy.  That you are making an "adverse claim" to the benefits and that you demand that they make payment to you or to interplead the funds in to curt for a determination as to the proper beneficiary.  Then get a lawyer.  Good luck.


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