Legal Question in Wills and Trusts in Michigan

My father died and left an insurance policy, which my sister was beneficiary. At a family function, my father told her to share the money. After the funeral, she decided not to share. Do I have any legal grounds to disoute her decision? Can I dispute it in probate court?


Asked on 11/10/09, 12:41 pm

1 Answer from Attorneys

Sanford Mall, JD, CELA Mall Malisow & Cooney, PC

The problem is one of evidence of your father's intent. The primary evidence is the beneficiary designation that only listed your sister. What evidence is there, other than your assertion that he told your sister to share the proceeds? Are there others who were witness to this statement? Assuming you can overcome the presumption that your father intended your sister to be the sole beneficiary and prove that he instead intended her to receive the benefit and share it, then the probate court could decide that she actually received the money as a constructive trustee and order her to share. Note that there may also be other considerations such as payment of funeral expenses or other debts your father had when he died. If those debts are left unpaid, the creditors could seek to have the court order your sister to pay the debts from the life insurance.

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Answered on 11/18/09, 7:49 am


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