How do I contest a beneficiary?
My dad recently passed away. He was divorced and had three adult children. Turns out the beneficiary on his IRA was his ex-girlfriend. (They haven’t even spoken in nearly a decade.) Barring us finding paperwork designating a new beneficiary, is there legal precedent to challenge this beneficiary in NY? Thank you.
Permalink Submitted by Bruce Steiner on Mon, 2009-02-23 03:59
The persons who would benefit if the beneficiary designation in favor of the ex-girlfriend is invalid can challenge it. Typical grounds for a challenge include fraud, lack of capacity, and undue influence.
Bruce Steiner, attorney
NYC
also admitted in NJ and FL
Permalink Submitted by Anonymous (not verified) on Tue, 2009-02-24 03:53
Thank you for your reply. The grounds sound tough, but it’s a possibility. Thanks again.
Permalink Submitted by Janine Janine on Wed, 2009-02-25 22:13
[quote=”[email protected]“]The persons who would benefit if the beneficiary designation in favor of the ex-girlfriend is invalid can challenge it. Typical grounds for a challenge include fraud, lack of capacity, and undue influence.
Bruce Steiner, attorney
NYC
also admitted in NJ and FL[/quote]
I would think that if the decedent had dementia, lack of capacity would be a viable challenge. Fraud or undue influence would be difficult to prove. However, If the decedent was capable mentally, could just negligence/carelessness be grounds for a challenge? After all, an ex-girlfriend from ten years ago!
What an unfortunate dilemma for the children! And a reminder for all of us to keep our children involved in our affairs!