QUESTION

Does a spouse have legal rights to a deceased spouse's life insurance if he made her sign the change in beneficiary against her will?

Asked on Nov 07th, 2013 on Divorce - Michigan
More details to this question:
We have not filed any legal papers to separate.
Report Abuse

5 ANSWERS

One would have to be able to prove the allegation that the completed process of changing the beneficiary was against the desire. One should expect that if much time has passed since an alleged forced change, the failure to raise the issue until after death may be met with suspicion. One should have counsel to assist in challenging the action. It is a safe bet the new beneficiary will be likely to have counsel to preserve the status quo.
Answered on Nov 12th, 2013 at 4:27 AM

Report Abuse
Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
Update Your Profile
Did he hold a gun to your head? Was he beating you? Then maybe. If he said I won't agree to the divorce unless you sign or I won't give up my rights in the house unless you sign, probably not. You need to talk with a local attorney about the details to figure out if you have rights or not.
Answered on Nov 12th, 2013 at 3:51 AM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
See an attorney, any illegally forced "agreement" is suspect and subject to potentially being held invalid.
Answered on Nov 12th, 2013 at 3:30 AM

Report Abuse
Bruce Provda
This sounds more like a probate estate question. I believe that you would have to prove that you signed under duress, such as a witness or other solid fact.
Answered on Nov 12th, 2013 at 3:29 AM

Report Abuse
Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
Update Your Profile
First, I believe there is a 6 month statute of limitation on this issue so act quickly. Second, how did he force you? if he used violence call the cops.
Answered on Nov 12th, 2013 at 3:12 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters