My dad just died, and I discovered his life insurance was changed to name his second wife. What are my rights here?

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.

Ask stepmom if she’s willing to give up the money

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.

Challenge the decision to name stepmom as the beneficiary

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.