|
|
|
Jewish World Review Sept. 24, 2007 / 12 Tishrei 5768 Does this will snafu require an attorney?; more on depression in seniors By Jan L. Warner & Jan Collins
http://www.JewishWorldReview.com |
Q: My uncle had one child by his first wife and two stepchildren, who, though not blood relatives, were more responsive to him than his own daughter.
After his second wife died, he changed the beneficiary on a $50,000 life insurance policy so it would be divided equally among the three children. He then told me that he wanted me to handle things if he was not able to do so himself.
Then he signed a new will leaving everything to his daughter, and he changed the beneficiary again to just his daughter, and had me mail it to the insurance company. Six weeks ago, my uncle asked me to check because he had not heard from the company. I had sent in the power of attorney and learned for the first time that the change of beneficiary signed a year before had not been received by the company.
To avoid delay, I signed for him on a new beneficiary designation form using his durable power of attorney. My uncle died within days of me receiving confirmation. Now the insurance company won't pay, saying they could not decide whom to pay, and filed a suit naming my cousin, his stepchildren and me.
I don't want to spend the money to hire a lawyer. What should I do?
A: Hire a lawyer! Because of the way in which the matter was handled, the insurance company wants a judge to decide who gets the money.
While the question is far from clear-cut as to whether you can change beneficiary designations using a power of attorney, the court will first look to the authorities given to you by the document. Since you are a neutral person and will receive no benefit from the change yourself, you may be out of the woods, depending on the law of your state of residence. There would be very little question if the power of attorney was specific, but you will have to ride this one out.
Recently, we wrote about depression in elderly Americans. Among the many responses we received was the following:
DEAR NEXT STEPS: I read with interest your column on depression in the elderly. Personally, I think there are a couple of problems that cause the depression.
l. Overmedication is one of the major problems. Doctors seem to think that the amount of medication should be the same for patients from age 21 to 99. Not so! As people grow older, they don't need as many medications and certainly don't need them in such high quantities.
2. Boredom and having nothing to do that interests them is another. I find that the more interests the elderly have, the happier they are.
I can speak from experience. I am 87, and my husband is 91. We live alone and are able to care for ourselves. Although we did break down and hire a gal to clean occasionally, and although I don't cook as much as I used to, we are still active in our church, my husband does all of our yard work and keeps up with his hobbies, and I am still involved with mine. My interest in genealogy has me led to write a book about my family, and I am now in the process of writing about my husband's family. We both still drive, although I'll admit we don't take long trips any more and we get weary earlier in the evening.
I've recommended writing a personal history to some of my peers. In fact, next week I'm going to help a gal who is 89 get started on her life story.
Keep up the good work. I enjoy your articles.
DEAR READER: You and your husband keep up the good work, too.
Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here. © 2007, Jan Warner |
Arnold Ahlert | |||||||||||
