North Carolina  |  Elder Law

Legal Question

Asked on: 8/26/04, 3:31 pm

Undue Influence - Life Policy Bennificiary Change

Within one one of my mother's death, in great pain and distress while dying from end-state colon cancer and liver failure, jaundiciced and under the influence of controlled substances (hydromorphon, fentanyl, lorazepam) and anti-nausea medications (ondansetron, metoclopramide) for such pain and distress, as well as oxygen support, residing with and under the exclusive care and control of my father, father using undue influence, including physical force and verbal abuse, manipulated my mother by having her change her beneficiary desgnations on her annuity from my father, her children, her sister, and her church, to my father only.

The beneficiary change was not witnessed in person by the agent as his company policy requires. The agent confirmed the change with a phone call to my mother with my father present in the room ensuring the change was completed.

Did my father commit fraud?

What are the statues of limitations to file such a complaint?

Can the insurance company be held responsible for not following their own policies?

The agent was my brother-in-law!

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