When couples live together, there's a chance that at least one person in the relationship will have children with multiple partners. In fact, this is the case for over one in five cohabiting opposite-sex couples, according to a report by the U.S. Census Bureau.
Unfortunately, blended families don't always look like the Brady Bunch.
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Conflict can arise that sometimes extends beyond the death of a parent. Let's say, for example, that Paul's dad just died, and Paul is dismayed to learn that his dad, Harry, had legally changed his life insurance. While Paul expected the payout, Harry's new wife, Leann, was listed as the beneficiary for the entire $250,000 policy.
Now Paul is wondering what, if anything, he can do to protect his rights and get back at least some of the life insurance money he feels should be his. The good news is, he does have options. But the bad news is, they're limited and not guaranteed to succeed.
Here's what experts say Paul should do.
One of the first steps Paul should consider is talking to his stepmother. She may not have been aware of the change and may agree that Paul should get the cash. If she's willing, resolving the conflict may be relatively simple.
"There are options," Lauren Davies, a trusts and estates attorney at the law firm Pullman & Comley, told Moneywise. "The first is for the child to ask the wife if she will politely decline. The legal term for this is 'disclaim.' She may agree that the father intended his child to be the beneficiary, and sign paperwork saying, 'no thank you.' I have seen this happen successfully a number of times."
However, estate planning attorney Chioma Deere warns that this process isn't always as straightforward as it seems. If Paul was named as a secondary beneficiary, the money from the death benefit may go directly to him. But if there wasn't a named secondary beneficiary, then things become more complicated.
"A disclaimed inheritance doesn't pass directly to family members automatically. It falls back into your father's estate and is then distributed according to his estate planning documents, or state intestacy law, if none exist," Deere told Moneywise.
So Paul wouldn't necessarily get the life insurance payout anyway. And there's a good chance Paul's stepmom would say no.
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If his stepmom isn't willing to give up the life insurance, Paul has to decide whether to pursue legal action to convince the court that his dad didn't really want his stepmom to receive the death benefit on his insurance policy.
"The second option is litigation. This is a tougher road, but it can be successful," said Davies.
"The burden would be on the child to prove the beneficiary designation was not executed properly or not the father's intent. If there's uncertainty, the court will side with the documents."
Lori Ashmore Peters, an attorney with 30 years in estate planning, probate, and probate litigation, told Moneywise that "as an attorney who handles probate litigation, I can tell you there are really only two ways to challenge a beneficiary designation: Proving dad lacked capacity to make the change or he was unduly influenced."
"If your father was suffering from dementia or Alzheimer's or was heavily medicated when he signed the change form, you can argue he lacked the mental capacity to understand his actions," Jessica Bober, an estate planning lawyer who specializes in answering legal questions on JustAnswer, told Moneywise.
Bober also said that "another path to challenging the designation is through undue influence. You must prove the second wife used emotional manipulation, threats, or physical control to force or pressure your father into changing the policy."
Unfortunately, proving any of these things could be an uphill battle, as Peters explained that "unless there was a longtime diagnosis of dementia or Alzheimer's, both could be very difficult to prove."
Finally, Paul has one more potential option to get his hands on the life insurance. He needs to check the agreement his parents made when they got divorced.
"If your father's divorce decree from your mother required him to maintain his children as beneficiaries, any subsequent change violating that court order can be overturned," Bober said. The binding agreement is often seen as giving the child a "vested right" to the proceeds from the policy.
However, if Paul wants to pursue any of these options, he has to act quickly.
"Timing is the greatest factor," said Ashmore Peters. "Once an insurance policy has been paid out, the chase for the money begins. If you're able to notify the insurance company prior to the payout, the court can hold the payout until there is a decision on who the real beneficiary or beneficiaries are for the claim. If you think something is not right, speak to a qualified probate attorney as soon as possible."
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This article originally appeared on Moneywise.com under the title: My dad just died, and I discovered his life insurance was changed to name his second wife. What are my rights here?
This article provides information only and should not be construed as advice. It is provided without warranty of any kind.