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!
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.
SMITH & RAVER LLP
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