Legal Question in Wills and Trusts in New York

A young man had previously identified his deceased girlfriend's daughter as beneficiary to his life insurance policy. He had planned to change the beneficiary to his mother but unexpectedly died before the change was made. Can his mother contest this policy?


Asked on 6/21/12, 7:25 am

4 Answers from Attorneys

Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

The mother can contest, however, she does not have a chance of winning under the circumstances.

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Answered on 6/21/12, 7:32 am
Walter LeVine Walter D. LeVine, Esq.

It's unfortunate, but I also think the original beneficiary designation stands.

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Answered on 6/21/12, 7:35 am
Arnold Nager Arnold H. Nager, Esquire

The beneficiary designated by the decedent is entitled to the proceeds of the policy.

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Answered on 6/21/12, 7:43 am
Michael Haber Law Offices of Michael S. Haber

All of my colleagues are completely correct. The only thing I want to add is that INTENDING to do something is meaningless. The opposite of action is inaction -- and intention is nothing more than a state of mind. If I intended to buy a lottery ticket with just the right numbers I still don't share in the prize.

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Answered on 6/22/12, 10:14 am


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