Legal Question in Wills and Trusts in California

verbal beneficiary

my aunt passed away and a few days

before she stated in front of her

lawyer and her sister (the trustee)

that i was the beneficiary of her life

insurance policy. When i called the

company the said it changed when

she retired 5 years ago but i was on

it before that. Now it goes in her

trust. Is there anything I can legally

do?


Asked on 7/01/08, 10:38 pm

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: verbal beneficiary

Verbal wills are not valid. But, her lawyer's failure to prepare a written change of beneficiary document for your aunt to sign may well be malpractice/breach of contract. It the policy was a large one, I'd think it worth a lawsuit against the attorney.

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Answered on 7/05/08, 3:04 pm


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