Legal Question in Elder Law in North Carolina

Undue Influence - Life Policy Bennificiary Change

Within one one of my mother's death, in great pain and distress while dying from end-state colon cancer and liver failure, jaundiciced and under the influence of controlled substances (hydromorphon, fentanyl, lorazepam) and anti-nausea medications (ondansetron, metoclopramide) for such pain and distress, as well as oxygen support, residing with and under the exclusive care and control of my father, father using undue influence, including physical force and verbal abuse, manipulated my mother by having her change her beneficiary desgnations on her annuity from my father, her children, her sister, and her church, to my father only.

The beneficiary change was not witnessed in person by the agent as his company policy requires. The agent confirmed the change with a phone call to my mother with my father present in the room ensuring the change was completed.

Did my father commit fraud?

What are the statues of limitations to file such a complaint?

Can the insurance company be held responsible for not following their own policies?

The agent was my brother-in-law!

Asked on 8/26/04, 3:31 pm

1 Answer from Attorneys

Dan Brady Brady, Nordgren, Klym & Morton, PLLC

Re: Undue Influence - Life Policy Bennificiary Change

I am not sure that your father committed fraud. The real question is whether or not your mother was under undue influence in the signing of the beneficiary change or if she was competent at the time of the execution of the change. These are questions of fact.

I cannot determine if the insurance company would be responsible without seeing the company policies and the beneficiary form.

I have not researched the statute of limitations question.

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Answered on 8/26/04, 3:49 pm

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