Can the named benificary on a life insurance be changed by the mother on the dieing bed of her son?
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His signature was forged. He was in his last stage of death and could not write and was not of sound mind.
Asked April 30, 2015
In most cases, the named beneficiary cannot be changed by the mother. If the mother forged the son's signature then that is considered as insurance fraud. The beneficiaries who were affected by the change can approach a court and fight a legal battle to prove that the mother forging her son's signature is fraudulent and that the son never intended to change the beneficiary. The courts could then order that the insurance proceeds be paid to the original beneficiaries before the change. These cases involve long legal battles and large financial and other costs.
However, under certain rare conditions, the mother may get the named beneficiary of the son's insurance policy changed. If the mother was given power of attorney over her incapacitated son's business affairs, she may approach a court to get the named beneficiary changed. The court may at its discretion change the named beneficiary under certain circumstances, if the named beneficiary has died for example. Other example could be, if the son was going through a divorce prior to being affected by mental incapacity, and neglected to change the beneficiary from his former spouse. The mother may provide evidence to the court that the son intended to change the beneficiary and the court may consider this when making its decision.
Answered May 5, 2015 by Anonymous