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Question
Hi,

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!
Melissa

Answer
Hi Melissa-
If he signed over total power of attorney over to her, then you might be SOL.  You may want to contact the insurance company, and advise that there may be issues with the change of beneficiaries. If your partner had put in writing to you that he wanted you to remain beneficiary, perhaps you might have some options.  Talking to an attorney wouldn't be a bad idea.


Sorry for your loss, and that I can't be of more help.

Denise  

Insurance Law

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Denise

Expertise

I am a licensed Property/Casualty agent in the state of Wisconsin, a Certified Insurance Counselor and a Certified Insurance Service Representive, with a 15+ year background in personal insurance underwriting. I am currently working in the Homeowners and Auto field, and was licensed in Life and Health insurance years ago. I can provide input if you will give me a "one paragraph what`s the story", however depending on the situation, do note that as policy forms and endorsements vary by the state, the information may be general and educational in nature.

Experience

20+ Years

Organizations
CIC, CISR, API

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