Legal Question in Wills and Trusts in California
Grandfather's insurance policy
My grandfather recently passed and we are just finding out now that since his mental facilities were not about him due to age and illness, his will had been changed. Also an insurance policy was changed. I was slated as the principal beneficiary with a letter stating ''I have no intention to make any more changes''. We have evidence that the person caring for him may have ''strong-armed'' him into changing his will and insurance beneficiary whilst not about himself mentally to designate her as the sole beneficiary. Do we have any case to have the addendums to his will (with one beneficiary) revoked and the original will honored (which included many charitable donations)? Also, is there anyway to void the change to the insurance policy due to the signed letter stating he had no intention of making any other changes and have it revert back to the principal when the letter was signed? The insurance policy is a Department of Veterans Affairs policy.
Thank you.
3 Answers from Attorneys
Re: Grandfather's insurance policy
You have to be able to file an action alleging undue influence in the probate court having jurisdiction. That's as to the will and attempt to have the codicil voided. As to the insurance policy you must file a claim and have the ins co. file what is known as an interpleader so they can have a court determine who is entitled to the funds.
Re: Grandfather's insurance policy
Has the case already started probate or did he die with a revocable trust?
Gabriel D. Jack
Attorney at Law
650-743-6296
Re: Grandfather's insurance policy
Yes, there are steps that you can take. However, you must act quickly in order to do so. There are many questions that are raised by your question but that cannot be answered without further specific information.
You really should sit down with an attorney who is familiar with probate litigation and discuss your options. The size of your grandfather's estate will obviously play a large role in deciding to pursue it. In order words if there is a large amount to which you would have been entitled it may be worthwhile pursuing. However, if his estate was $10,000 you could easily spend more money to try to assert your rights than you would ever recover.
I would be happy to discuss this matter with you.
J. Caleb Donner
LEGAL WARRIORS (R)
805-494-6557
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