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misunderstood | Who can get a copy of a life insurance policy? |
My mom passed away and she used to live in MI but just before she passed away she moved back down to TX. It was then that I discovered for whatever reason she named her caretaker as the beneficiary. She told me that I was second but I am not sure if she made me secondary beneficiary or contingent beneficiary. My mom also signed a paper before she passed that was supposed to go with her insurance policy cuz she didn't have any will. None of her wishes have been honored by her caretaker and everything my mom left us we are not able to get because her caretaker will not let us get anything. We didn't take it before cuz we weren't worrying about what we were going to get we just wanted to spend time with her and I guess we were still in denial. I just want to know if I can get a copy of her life insurance policy so I can look over it because what this lady is doing is not right and I just want to make sure there is nothing I can do about it. Thankz your answers r greatly appreciated! |
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golferwhoworks
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you can request a copy from the company as it is done all the time but you may have to sue to get this executor removed from the estate |
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oklatom
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"...for whatever reason she named her caretaker as the beneficiary."
Whatever the caretaker says, goes.
You named as second only means if the caretaker doesn't, or won't, you're next. |
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bud68
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The insurance company will pay any benefit ONLY to the named beneficiary(ies). A will (or lack of one) makes no difference.
If your mother died without a will, her estate must settled according to state probate law. A probate judge will have to appoint an executor since she had no will. |
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aaron p
 |
Talk to a probate attorney about this. There are a few issues here (who is the executor and are they administering things in a timely manner? did your mom change the beneficiary when she was of sound mind?). An attorney is better suited to help you with these issues than anyone else I can think of. |
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Michael M
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If you know what company she had the policy with then you can just contact them and see if you are a beneficiary. If you aren't they won't give you anymore information. If you are then they will start the process of getting you your portion of the benefit.
As for her possessions, you will probably have to seek legal counsel to take care of this caretaker. |
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mbrcatz
 |
The owner of the policy can get it, or the executor of the owner's estate.
You will have to go to court, to be named executor of her estate, in order to be able to request a copy of the life insurance policy.
Any "paper" that she signs, well, it is NOT the insurance company's responsibility to deliver it. Whoever she gave that paper to, you'll have to talk to them.
Any wishes that are not in writing via a will, are NOT BINDING. But, if she had no will, how exactly did she LEAVE stuff to you? She couldn't. It's only transferred via a will. Period.
So, again, you'll have to go to court, be named executor, and have a judge rule on how her "stuff" is to be distributed. |
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