Civil/Commercial Litigation (Lawsuits)/life insurance...



I'm writing to see if you have any information or advice you can offer me.

My partner obtained a rider to his insurance policy last year for $70,000 with me as beneficiary. He wanted this to help me pay bills if something happened to him. At the beginning of the year we found out he had stage IV metastatic liver cancer. He only lived 6 more weeks. My heart is so unbelievably broken.

Before he passed away, he left our home and moved in with family members who were better able to care for him. Before he left, he and I talked about the policy and that I was afraid his family would influence him to remove me as beneficiary. He promised me emphatically that that would not happen.

When he moved in with family, things became extremely tense between me and the rest of his family. They barred me from seeing him the last two weeks of his life.

I just found out that on March 27 the beneficiary was changed to his two children (who had money from the insurance policy that he left for them).  I know that he was very incapacitated on March 27, and died six days later.  His sister has Power of Attorney and I don't know how broad it is.

Do I have any recourse here? Is this a lawsuit worth pursuing? I believe that because of his state of mind at the time he could have been talked into anything. Do you have any advice for me? Or any information that can help me understand all this better? I live in NC, if that helps.

Thank you so much for your time and help!

Hello Katy,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

My sympathy to you for your loss.  I understand you have the additional problem of the legal issues on top of the loss of your partner, and I understand that pain.

I recommend that you find an attorney licesned to practice law in your state who has experience in probate court, and see if a local practitioner can help you with an undue influence type claim.  The following link may be helpful to you:

It is possible in appropriate circumstances to invalidate a death bed alteration of a decedant's estate.  Since the benefit at issue in your dispute was valued at $70,000.00, I leave it to you and your attorney to make an intelligent determination about how "worth pursuing" your claim is.  I suggest that you act quickly since there is a limited time to act, and probably much to do if you and your attorney decide to proceed.

I hope this helps, good luck to you.

Morgan Smith
Minneapolis, Minnesota
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law  

Civil/Commercial Litigation (Lawsuits)

All Answers

Answers by Expert:

Ask Experts


Morgan Smith


Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.


I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at:

AllExperts, Yahoo Answers,

J.D. William Mitchell College of Law, St Paul, MN

©2016 All rights reserved.