Up until the time of their unfortunate passing, your loved one may have assured you that they were going to leave a considerable amount of their assets for you. So, you may be completely perplexed, and frankly blindsided, when it is later discovered that you were not designated as the beneficiary for any of their assets or financial accounts. This may go beyond jealousy of the named beneficiaries, but rather, you may have a strong suspicion that they earned this title through lying and deceit. To follow this hunch, please continue reading to learn whether you can challenge a beneficiary designation for fraud or undue influence and how an experienced Butler County will preparation attorney at Heritage Elder Law & Estate Planning, LLC, can help you better understand the importance of initiating this legal dispute.

Why should I challenge a beneficiary designation for fraud or undue influence?

Say that you were named as the designated beneficiary for your loved one’s life insurance policy, retirement account, and payable-on-death account in their Last Will and Testament document. But then, on these accounts, another individual is listed as the beneficiary. Well, contrary to what you may initially assume, you cannot rely on the will document save you in this contradiction. This is because these financial accounts are considered non-probate assets that are not handled directly by the Pennsylvania probate court. In short, this means that the accounts’ assignments may override the will’s appointments. Therefore, the only way the court may intervene is if you file a legal challenge through probate litigation.

How do I prove fraud or undue influence in a beneficiary designation change?

In your probate litigation proceedings, you must prove to the Pennsylvania court that a beneficiary committed fraud or placed undue influence on your loved one to make this designation. For one, if you are claiming fraud, you are saying that the party intentionally deceived your loved one into making this change, through tricking them into signing the form or lying about what the form was. Then, for an undue influence claim, you must establish that the party pressured, manipulated, or controlled your loved one, a vulnerable individual, into making this involuntary change. This may especially apply if, for example, the party was your loved one’s caregiver, and they threatened to withhold care until this action was taken.

Well, you cannot make such serious claims against a beneficiary without having the evidence to back it up. With that being said, you may prove that fraud or undue influence was involved in any of the following ways:

  • Copies of your loved one’s original and updated forms may exhibit mismatched signatures and different handwriting.
  • Digital logs may prove that someone else gained access to your loved one’s online portal for their financial accounts.
  • Medical evidence may establish that your loved one’s mental capacity was compromised when the change was made.
  • Witness testimonies may confirm that your loved one’s behavior changed around the newly designated beneficiary.
  • Written correspondence may verify that the beneficiary verbally abused or emotionally isolated your loved one.

Please prioritize scheduling an initial consultation with one of the skilled Butler County estate planning attorneys from Heritage Elder Law & Estate Planning, LLC. We would be honored to represent you in your legal case.