Legal Question in Insurance Law in California

estranged spouse contesting father's change of beneficiary

My father's estranged wife is contesting his life insurance beneficiary. She states that he was incompetent at the time that he made changes to his life insurance policy. On the date of his death she filed a claim to collect the money and She was asked by the Insurance Co. to provide them with proof from his doctor stating that he was incompetent and she didn't but, hired an attorney and has given him false information. I was forced to hire an attorney on my son's behalf, who is my father's beneficiary. So far this attorney i hired has been to a couple of conference meetings but i have no idea what's going on. I am not comfortable with him representing us, and I don't understand why it's taken this long and still nothing has been resolved. Due to this issue and several other legal issues I've had and still have to deal with, my son and I are suffering mentally, financially, and it's starting to affect me physically. My father's reason for having this life insurance policy was so that at the time of his death, financially, our family would be secure and instead I've had to pay for all costs out of my pocket because his wife, having the only authorization as far as the disposition of his remains, signed them over to me.


Asked on 6/03/05, 9:04 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: estranged spouse contesting father's change of beneficiary

I would make an appointment with your attorney if I were you, and have a frank discussion with him/her about the cost, the time estimate, and how to recoup attorney's fees for a frivolous claim by wife. It's always best to let the attorney know you're dissatisfied. Usually the reason is poor communications. That easily can be corrected. Good luck during these trying and stressful times.

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Answered on 6/06/05, 4:40 pm


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