Can a lawyer go to a hospital to get life insurance signed over to a bank?

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Can a lawyer go to a hospital to get life insurance signed over to a bank?

My dad owed a bank money. When was dying it sent its lawyer to the hospital to get my dad to sign over his life insurance policy. He did and it was witnessed by me and my mom. Dad was on strong pain killers and had just got out of ICU.This was the bank’s lawyer but he had also represented my Dad before and was supposed to be my Dad’s friend. Dad signed this to the bank and we witnessed it but we were worried about Dad at the time and not about money. Now however the bank wants to take everything my Mom owns. Shouldn’t this be unethical?

Asked on September 4, 2010 under Business Law, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am sorry for your loss.  I would indeed consult with an attorney as to the actions taken by the bank and its attorneys, regardless of it being your dad's "friend."  It appears that your Father was not in the frame of mind to execute any documents, and especially any legal documents that would change the beneficiary on his life insurance.  If the bank wanted to come after your Mother - and it seems that they have anyway - then they could have regardless of who was the beneficiary of the life insurance policy.  You need to have the designation set aside and you are going to have to bring a lawsuit to do so.  And I would consider filing a disciplinary complaint against the attorney.  Good luck.


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