Asked in Estate Planning and Probate for Kansas

Q: Can a conservator change the beneficiaries of a conservatee's life insurance policy in KS?

My father's conservator--his mother--was named the sole beneficiary of his million dollar life insurance policy rather that his six children. He was the one who created that life insurance policy back when he was well. This isn't a policy that the conservator made after she took over his care.

This seemed really suspect to us kids, so we're wondering if it's possible for the conservator to change the beneficiaries of a Kansas life insurance policy to themselves.

For context, he had a severe traumatic brain injury so she had full powers of guardianship/conservatorship over him.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Knoxville, TN

A: You will need a KS attorney to represent you. But generally any transaction involving the ward's property going to the fiduciary is presumptively fraudulent. That is the conservator will have the burden of proving his taking the property was for the benefit of the ward. But someone with standing will have to file suit, and what jurisdiction to file in may be a problem. Start with the Conservatorship Action Court. Also is there a surety bond involved?

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