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My dad had a partner for 12 years. He never changed the beneficiary for his life and 401k. For some reason he changed it last November 2013 and died April 2014. Can we contest it?
2 ANSWERS
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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What would be the basis for contesting it? Things like incapacity or undue influence might be a basis. Not liking his decision is not a basis.
Answered on Jun 26th, 2014 at 10:00 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The only way to challenge a change in beneficiary designation is to file a lawsuit that asserts your father lacked legal capacity to make the change. Incapacity could be the result of duress or coercion or it could be that your father lacked the ability to understand the extent of his assets and the persons who would or should naturally benefit from his estate.
Answered on Jun 26th, 2014 at 10:45 AM