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  1. #1
    Join Date
    Feb 2008
    Location
    Cleveland, OH
    Posts
    1

    Default Validity Of Contract

    All events occurred in Michigan.

    My mother died this past fall. She had several insurance policies and her sister was named the beneficiary. The sister signed the policies over to me, her son. The sister signed a typed document making me the primary beneficiary. There was a witness for the sister (the witness signed the affidavit) and myself (my witness did not sign the affidavit).

    The insurance companies accepted the personal affidavit and all monies was discharged to myself. The sister and myself had a personal agreement where I would give her $20,000 of the insurance payout. The sister's brother was not included in the conversation and after becoming aware of the arrangement threatened to sue me for the insurance proceeds. The brother stated that the sister was coerced into signing over the policies. This is not the case.

    I am now being sued by the brother. In the legal paperwork, the sister and the witness (they both signed the affidavit) are parties with the brother against myself. Both the sister and the witness are of sound mind. My witness will attest that the sister was not forced into signing over the insurance policies. The brother wants the affidavit canceled.

    Should I be worried about this lawsuit?

    Can an affidavit be invalidated after the fact?

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

    Default Re: Validity Of Contract

    You know what happened. We don't. All I can do with the cursory overview you provided is say, "Hire a lawyer."

    Do you care to explain what benefit your sister got from signing the policies over to you? How your brother would have received anything had your sister remained the designated beneficiary? Why you were supposed to pay your sister $20K out of policies she could have retained for herself? The allegations contained in the complaint which supposedly justify setting aside the change of beneficiary?

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