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My Mother was not mentally incapacitated in any way prior to her death. A week before her passing, she reminded me that I was a beneficiary of her life insurance policy (along with my brother.) She told me it was a large amount of money and she wanted me to get my teeth fixed with the forthcoming inheritance (i'm suffering with no health insurance.) i.e. not to waste the money.
I was present when my Mother signed up for the life insurance decades ago. Both siblings were to receive equal amounts.
I asked my brother (executor and POA) about Mom's life insurance. After getting evasive answers he finally told me that it was payed out. He payed it out to himself! Somehow he changed the life insurance policy without my Mom's knowledge. Mom was on medicaid and that was all she had.
He claims since he drove her to doctor's appointments more times than I did, and that his time is more valuable (he bills $150/hr consulting) that its "only fair" that he takes the whole benefit now.
Can a POA take away my half of the insurance policy? Can he just cut me out? Her will states everything was split two ways.
Insurance company won't discuss it with me because i'm "no longer a beneficiary" and to discuss it with the executor (the person that stole my money!)
I'm trying to find out how this cold happen and what I can do. I didn't want to have sue my brother.
I never thought that he could be so greedy.
If I find a lawyer should he get a % or do I pay him outright? Unlike my brother, who owns two homes and 3 cars, I live very modestly on a fixed income.
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