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About Lee Horner
Expertise
Our practice focuses on final event planning and impaired risk life insurance for those age 50 to 84; our companies can underwrite anyone so long as they're not in a medical facility. I do not answer questions about stock markets, mutual funds nor variable life contracts. I will advise you of your options and make recommendations as appropriate. Questions regarding USA residents only. Let me know as much as you can about your situation for best results. If in doubt, ask anyway. If I don't have the answer, chances are I can point you in the right direction and am happy to do so.

Experience
Estate Planning Attorney since 1985; practicing in California and Arizona, and independent life insurance agent specializing in the senior market and also tax free retirement planning.

Organizations
AHEPA and Freedom Equity Group

Publications
Stop Sitting on your Assets, paperback version (co-author).

Education/Credentials
BBA in Business Management from Univ of New Mexico; Juris Doctorate in Law, Lincoln Law School of Sacramento, CA; admitted to practice before the Ninth Circuit court of appeals, and all courts in Arizona and California.

Awards and Honors
Graduated in the top 5 of my law school class.

You are here: Experts > Money > Personal Insurance > Life & Health Insurance > change in beneficiary form

Life & Health Insurance - change in beneficiary form

Expert: Lee Horner - 10/30/2009

Question
I have a court case in process. I was divorced from my husband of 20 years less than a year, when he died of alcoholism. A few weeks later our insurance agent called to tell me that my x-husband was drunk when he signed a change in beneficiary form. He was brought into the office by my x-sister in-law, she filled out the form and told him to sign it. The agent was not present but the secretary was and she told the agent who then called me.
My lawyer then call the secretary to get the story directly from her. We are claiming that the change in beneficiary form is null and void. We had a deposition of the secretary under oath she was backing off of her story saying he "possibly" was drunk. The handwriting on the actual form is my ex-siter-inlaw's and my x-husband's signature does look very impaired.

Our trial is set for January and the sister wants a jury trial, the insurance company file an interpleader. What do you think my chances are in winning this? I can not find any other cases like this in my internet searches. Should I consider getting a handwriting expert? I have little resources and I am a single mom with three children.

Thank you for your consideration.

Answer
The issue here is going to be whether your x was in his right mind or delusional when he signed the thing and that's the main focus. Does your sister in law deny writing the thing up and being present when he signed it? It's a tough case without the secretary or other witness saying he was dead drunk & barely able to write.

Depending on the state you live in, you may have an automatic right to 50% of the death benefits regardless of what the policy says (this would be a community property state & not all are); did your divorce case mention the policy?

What you need is a questioned document expert if you are up against a denial that your sister in law wrote the thing out. You should have some exemplars of your x's handwriting for comparison and perhaps hers as well for best results.

There is a national association of questioned document experts that lists people all over the country; let me know where you are and perhaps I can recommend someone.

The beef as you no doubt recognize is now between you and the sister in law; the ins co has dumped the $ into court and is out of the loop now, which is what they always do in cases like this.

Good luck.

Lee Horner
Tucson

steinway@rocketmail.com

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