QUESTION
If I am 100% beneficiary on my mom's life insurance, last retirment check and last retirement bonus can my siblings sure me?
Asked on Sep 28th, 2013 on Estate Planning - Michigan
15 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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They can always sue you. There is no guarantee that they will win. You should keep records of everything concerning your mom's assets in case they do file a lawsuit.
Answered on Oct 01st, 2013 at 10:34 AM
Provided your mother was competent, and not under any duress or undue influence, when she signed the forms designating you as the beneficiary of her life insurance policies and retirement plans, then upon your mother's death these assets will transfer directly to you outside of probate. Most likely, your siblings will have no legal recourse.
Answered on Oct 01st, 2013 at 4:11 AM
David Thomson Egli
Yes. Anybody can sue anybody. Whether your siblings have a basis to sue you or would win if they do, is a different question. There are a number of possible grounds upon which to challenge a designation (such as the designation was defective, the designation was the result of undue influence; or there was a later change of beneficiary). From the information contained in your question though, it can't be determined whether facts exist in this matter to support any of those grounds. Absent a later valid change of beneficiary, the insurance company is contractually liable to pay the death benefits to you as the designated beneficiary on your mom's death and shouldn't pay them to anyone else. However, if there is a question as to who to pay, the insurance company can file its own lawsuit in which the death benefits are deposited with the court and the court determines who is the rightful beneficiary to receive the death benefits.
Answered on Oct 01st, 2013 at 3:58 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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No, if she listed you as beneficiary they get nothing.
Answered on Sep 30th, 2013 at 8:30 PM
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They can sue you. Depending upon how you got on as beneficiary on those items and when will determine whether they can be successful.
Answered on Sep 30th, 2013 at 12:56 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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They're entitled to their day in court; they may try to prove that you fraudulently changed the beneficiary designations yourself, or that you wrongfully induced your mother to change them.
Answered on Sep 30th, 2013 at 12:23 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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What for? No.
Answered on Sep 30th, 2013 at 12:20 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Anyone can sue just about anyone. Is there any reason to think they would succeed? That is a tougher question, and the answer depends on facts you have not shared. When were the beneficiary designations made? What were the circumstances? Did your mother have capacity to make those designations when she did so? A Will probably would help your cause, just for purposes of illustrating intent.
Answered on Sep 30th, 2013 at 11:54 AM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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Any person can sue anyone for any reason at any time. The question is whether they have a case and if they can prove it in court. It is not uncommon for siblings to sue the sibling who receives 100% of an estate from a parent. Good luck!
Answered on Sep 30th, 2013 at 11:35 AM
Criminal and General Civil Litigation Attorney serving Warsaw, IN
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Rockhill Pinnick LLP
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They cannot sue you just because they don't like how things turned out. If you used improper influence on your mother to get those things, then they might have a case.
Answered on Sep 30th, 2013 at 11:07 AM
Yes. Whether they can do it successfully is another question that depends on many factors. To protect yourself, consult with an attorney specializing in estate litigation.
Answered on Sep 30th, 2013 at 10:08 AM
Probably not if there was no fraud involved.
Answered on Sep 30th, 2013 at 8:58 AM
Every person has the right to sue another person. Distribution of a parent's estate often causes hard feelings when one sibling gets everything and the others are excluded.
Answered on Sep 30th, 2013 at 8:54 AM
Sanford M. Martin
No, based on your inquiry, they will have no grounds to sue you. A person can give whatever he/she wants and can give zero to adult children under Florida law.
Answered on Sep 30th, 2013 at 8:46 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sure, they can sue, the real question is can they win.
Answered on Sep 30th, 2013 at 8:43 AM