Posts Tagged "undue influence drafting will"

How to challenge a Change of Beneficiary Form when person didn’t have capacity?

Posted on Oct 14, 2015 in challenging a last will and testament, Contesting a Will

FAQ: What if the decedent allegedly signed a Transfer on Death (a/k/a Paid on Death Beneficiary, life insurance policy, annuity contracts, Totten Trust, Joint Account with Right of Survivorship) or a deed before they died? An improper change of beneficiary on a bank account, life insurance policy, or brokerage accounts can be as devastating, or greater, than a bad will. Similar rules apply to challenging the document as there are with Will Contests (aka Will Caveats). You will need to prove this was an invalid gift based lack of mental capacity or undue influence. Did the decedent have the...

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