Legal Question in Wills and Trusts in Michigan

My Dad died 11/2009. He executed a will in 1982, leaving his biological children property and proceeds from an insurance policy. I know insurance policies are not covered by wills, but I learned from the insurance company on yesterday that he completed a beneficiary designation form in Nov. 2008 removing his children and the proceeds have been distributed. He was diagnose with Altheimers in 2007 and was not capable of legally signing any document. As early as June 2008, he didn't know what day it was, what time it was, where he lived, etc. My stepmother obtained a power of attorney in or around Nov. 2008. My brother was named the executor on the will of 1982, but has not probated the will. I believe he and my stepmother have changed the will and insurance forms as he won't give us an address or phone #. Do we have any legal recourse? He died in Georgia.


Asked on 2/13/10, 7:01 am

2 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

Georgia law applies. Please post there. www.kliszlaw.com

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Answered on 2/18/10, 8:18 am
Stuart Collis Collis, Griffor & Hendra, PC

You need to contact a Georgia attorney

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Answered on 2/20/10, 6:48 am


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