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  1. #1
    Join Date
    Aug 2011
    Posts
    1

    Default Challenging a Beneficiary Change of a Person Under the Influence

    My question involves insurance law for the state of: Idaho

    My father has been an alcoholic for many years. I understand that to challenge a beneficiary the person has to be deemed unable to understand their actions and this can be difficult for someone who is drunk. In this case though the circumstances are so extreme that I think we may have a case. Over the last year he was drunk 24 hours a day. Many people can attest to this including his family. His wife divorced him over this 2 months ago and after he locked himself in his home and basicially drank himself to death. At some point in the last two months he changed the beneficiary of his life insurance to policy to the other brother due to anger over the divorce. He was pulled over for DUI and the officers realized that he would not survive booking and took him to the hospital where he never work up out of his coma. I know for a fact that he was drunk when he made this change and he even asked other family members to come over and help him change it back. Before that happenend he fell in the coma and died.
    Points that I think could help my case.
    Was constantly drunk to the point of passing out or being incoherient which family members will attest to.
    The condition he arrived to the hospital could not have been obtained without drinking a serious amount for an extended peroid.
    Change was made in last two months
    Told other family member that he wanted to change the beneficiaries back
    He was taken to a rehab center 6 months ago completly drunk but the center would no admit him because he was intoxicated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Challenging a Beneficiary Change of a Person Under the Influence

    The original beneficiary can retain counsel and attempt to make the case in court that your father was so mentally incapacitated by the consumption of alcohol that he was unable to make informed choices, and had no breaks in his intoxication that would have allowed his mind to clear to the point that he could reconsider a bad choice (although apparently he did have such moments of clarity, but didn't act on them). I see that as problematic given that you've told us that he had an actual motive for the change of beneficiary ("anger over the divorce"), and at the time he was sufficiently competent to obtain, complete and file the change of beneficiary form. You've not indicated that anybody exercised, or attempted to exercise, undue influence in association with the change of beneficiary.

    Your story does raise the question, though, of why he would have needed assistance from a family member to change the beneficiary back. If he could figure it out the first time, why would he need help the second time? Should we infer that a third party may in fact be involved in the initial change - if so and you want us to comment, you need to share the relevant facts.

    When you say "he changed the beneficiary of his life insurance to policy to the other brother", do you mean that a different brother was originally the beneficiary? Whose brother - yours, your dad's, his ex-wife's.... You haven't told us anything about the original beneficiary/brother, why he was the original beneficiary (assuming that's what you mean) or how any of this relates to the divorce (such that your father was angry at him).

    I appreciate that these are tough issues to deal with. It's pretty horrible, watching somebody you love drink himself to death.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Challenging a Beneficiary Change of a Person Under the Influence

    Quote Quoting uptempo18
    View Post
    Points that I think could help my case.
    Who was the original beneficiary? Who are you in this situation/how are you involved in this situation?

    Thanks.

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