Legal Question in Insurance Law in North Dakota

Name change of Life Insurance Policy

37 years ago, my dad bought life insurance policies on himself and on mom to cover funeral expenses. After 45 years of marriage, they divorce. Remain friends, live on the same farm in seperate homes. Mom died leaving a hand written will, stated Dad is owner of the life insurance policies and he(Dad) has last say. My brother, without going through probate court appointed himself as representative of Mom's Will and also beneficiary of her policy on Dad's Life Insurance. I've checked in the county he arranged this with and the county my mother was living in. There is no probate logged. He did this in February, Mom died in December, Dad just found out a few days ago(May). Do we have any legal rights in this situation? My brother has done nothing according to my mother's final wishes, and I would like to be her executrix of her will. I love both my parents, always have. My brother and dad have not gotten along for many years. Dad found out my brother was owner/beneficiary of the Life insurance policy when Dad called the insurance company to change the beneficiary of the policy on himself. How could he do this legally? Please help me and my dad. It was a shock to loose Mom, and now this.


Asked on 5/28/07, 6:14 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: Name change of Life Insurance Policy

Immediately contact a lawyer who specializes in probate and estate planning. Your father has rights and can enforce them. Your father should write the insurance company putting them on notice that your father is the owner of the policies and the proceeds. Do this right away. He might also write his son and demand he stop, turn over all money, assets, etc.

Read more
Answered on 5/30/07, 10:13 am


Related Questions & Answers

More Insurance Law questions and answers in North Dakota