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Richard, Attorney
Category: Legal
Satisfied Customers: 55594
Experience:  Attorney with 29 years of experience.
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if someone is changing their beneficiaries do they need to

Customer Question

if someone is changing their beneficiaries do they need to personally fill out the change request forms or can their financial advisor do so & then ONLY have the person sign them?

How does the family know it is truly the last wishes or that the financial ad did not fraudulently fill them out and then scan the deceased signature on the form - I am inquiry because my aunt passed away, I was the closest person in her life so with that said she told me numerous times that she was leaving her estate to me & then showed me a document to that affect.

My aunt was a nun & trusted this person to follow through with her wishes & she again told me more than once that I needed to contact this person immediately after her death & he would take care of everything for me. I followed her instructions but this person avoided me for several days & when I did finally make contact he told me she had disinherited me 6 months prior & said to not contact him anymore.

I found out recently (after much leg work) that my aunt had a revocable living trust that was rather large, now when I try to contact this advisor to ask why he did not will not inform me of my aunts finnancial status he said that he does NOT have do speak to me period - Help anyone....what or where do I go to get some answers, I know my aunt loved me dearly & what he is doing is NOt her wishes - she had been a catholic nun for 36 yrs so she was trusting of all -
Submitted: 4 years ago.
Category: Legal
Expert:  Richard replied 4 years ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Although your aunt was not required to notify you of a change of beneficiary, if she in fact disinherited you 6 months prior to her death and instead left her estate to someone who was involved in helping her making the decision to disinheriting you, then you have the right to contest your aunt's actions. If you can show any one or more of the following: lack of requisite mental capacity, fraud, duress, coercion and/or undue influence, then the court will invalidate any such action by your aunt. If your aunt disinherited you and instead left her money to an outsider, especially if that outsider was one of her advisors involved in the change, your chances of prevailing would be excellent because a reasonable person would not consider such a change likely in the absence of one or more of the above-referenced factors.

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