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Have Irrevocable Durable POA and am the Trustee of my

Have Irrevocable Durable POA...

Have Irrevocable Durable POA and am the Trustee of my Brothers Trust. He told me he changed beneficiaries on his life insurance but he didn’t, we found out after my brother passed. Question is: Do I have the legal right to change the beneficiary on the life insurance even though my brother has passed? It is a group life policy and we are in the state of Kansas.

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

Kansas. No paperwork as Trust existed with instructions. No will.

Lawyer's Assistant: What documents or supporting evidence do you have?

Did you see my initial entry

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Answered in 4 minutes by:
9/30/2017
Jessica B
Category: Estate Law
Satisfied Customers: 1,842
Experience: Attorney at Donald B. Linsky & Associates, PA
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Hello. My name is ***** ***** I am a licensed estate attorney. I hope I may be of assistance with your question. Policies vary, but as a rule a power of attorney may not sign a beneficiary designation form, although some insurance programs allow it. However, for a power of attorney to complete a beneficiary designation form or make changes to it, the individual must specifically assign the power of attorney that right. Likewise, a power of attorney cannot designate herself as a beneficiary on the form unless the power of attorney documents clearly state that she has that right. When a legal representative signs and submits a beneficiary designation form, she must also submit a copy of the power of attorney documents to the insurance company showing that the individual has given her that right.

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Unfortunately a Power of Attorney terminates at the moment of death of the individual, meaning the your power of attorney has expired and is no longer valid.

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Customer reply replied 10 months ago
What if the Trust states we can make changes to the insurance

When an individual dies, the person named as the power of attorney loses all rights and therefore is unable to make decisions about who receives the life insurance proceeds or other assets. Although most insurance companies require a beneficiary designation form, if an individual does not name a beneficiary on the form, the insurance company may pay the benefits to the estate. The money then becomes subject to probate. State laws regarding probate vary. In some states, as long as you have a will, the proceeds of the life insurance will be distributed according to the directions you leave in the will.

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Is the trust the beneficiary of the life insurance policy?

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Customer reply replied 10 months ago
I as trustee am beneficiary of half the amount.
Customer reply replied 10 months ago
The money is not the concern. The other beneficiary stole my brothers car five years ago and got off the charges.

Ok so that means the trust is the beneficiary of 50% of the insurance proceeds. Unfortunately since your brother has passed, that locks the beneficiary designations in place. You only have authority over 50% of the policy.

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Customer reply replied 10 months ago
Are you there?

You only have legal authority over 50% of the policy. The death freezes the designations in place.

Jessica B
Category: Estate Law
Satisfied Customers: 1,842
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
Jessica B and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 10 months ago
Okay, thank you.

No problem. Please let me know if there is anything I may be of assistance with in the future.

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