Can You Contest an Undue Influence Beneficiary?

[Music] Hi this is Keith Davidson and albertson and Davidson in this video we're discussing can a beneficiary designation be contested so a lot of assets such as life insurance 401k IRAs retirement plans they pass when somebody dies by way of the beneficiary designation there's a form that somebody fills out saying who the beneficiary will be after the principle passes away and in terms of contesting those type of beneficiary designations you can contest those on all the same basis that you can contest a trust or will so if somebody managed to get your parent to change a beneficiary designation on their life insurance using undue influence you can contest that beneficiary designation the same as you could the trust or the will that's created using undue influence or if a beneficiary designation was created when somebody lacked capacity you can contest it under lack of capacity just like you can contest a trust or a will under lack of capacity they're not necessarily easy lawsuits to win because you have to have sufficient evidence to prove like a capacity or undue influence but the legal claims themselves the claims we use to overturn a beneficiary designation is no different than the claims we use to overturn a trust or a will they have to be brought separately so it'd be a separate petition or separate part of the petition that deals with the beneficiary designation but the legal claims themselves are virtually identical [Music] [Applause] you.