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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!


I am sorry to hear of your loss.

Your best bet is to try to fight the issue in probate court. You can file a motion there to have the proceeds of the life insurance policy frozen until the issue is resolved in probate. Ordinarily, life insurance proceeds don't have to be part of the probated estate but you might be able to get it as part of the court actions because of the disputed issues regarding the late change in the beneficiary.

Hope this helps.

Kevin Hromas
Kevin Hromas & Associates
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Kevin Hromas


I am a licensed, executive general adjuster currently holding a Texas resident P&C license (614250), New Mexico non-resident all lines license (248774), Oklahoma non-resident P/F/M license (A299561), Florida non-resident P&C license (E117051) and a National Flood Insurance Program certification (06040100). My areas of expertise involve property and casualty issues in both residential and commercial policies with regards to claims practices and issues. I deal extensively with Lloyd's of London commercial policies and various domestic carriers for residential policies.


After a 20 year career as a General Contractor, I was employed by Allstate Insurance as an adjuster in Texas, holding various postitions within the property claims department. After leaving Allstate, I specialized in handling losses associated with major catastrophes through-out the country. (Hurricanes Isabel, Charlie, Wilma, Katrina, Ike, etc., hail storms, floods.) I am currently retained as an expert by multiple insurance defense firms in Texas for issues in litigation. I am also a certified Umpire for formal appraisals.

Member - Society of Registered Professional Adjusters Fellow - Council on Litigation Management Member - Property and Casualty Association Member - Texas Independent Insurances Adjusters Association Member - National Association of independent Insurance Adjusters Member - Houston Claims Association

Claims Magazine ( and then search 'Kevin Hromas' for a full listing of articles and quotes.),,

JD - University of Houston Law Center - 1992 BA - Southwest Texas State University - 1980 AA - South Plains College - 1977 PLCS - Personal Lines Coverage Specialist

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Certain Underwriters at Lloyd's, London, Fulbright & Jaworski (Law Firm), Bracket & Ellis (Law Firm) Thamm & O'Briant (Law Firm) Sheehy, Ware & Pappas (Law Firm) Walker, Wilcox and Matousek (Law Firm) Financial Guarantee Underwriters

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