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  1. #1
    oavani is offline Junior Member
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    Daughter of deceased father uninformed

    What is the name of your state (only U.S. law)? North Carolina

    My father died 3 weeks ago. His wife was executor of his Will and his accountant, and he had a life insurance policy. I haven't heard anything regarding this life insurance policy. The only thing I know is that his wife did say she told the funeral home to take their expenses out of the policy. (He was cremated)

    His wife is currently very focused on keeping his former business from failing and hasn't talked to his three daughters at all about any documents (life insurance policy or Will). My sisters are sitting around waiting for her to say something, but I don't think she's going to since she wasn't happy about us being around in the first place. My question is, how can I find out which company his life insurance was from and how do I get a copy of it so that I can look at it? I don't know any other way to find out what was on it, and I'm afraid if I leave this alone and let her sit on it, the policy could just be bled dry by debtors over time. His wife is living very well and both my sisters and I are living in poverty. I understand everyone's concerned with her feelings over losing her husband, but I'm starting to be concerned with myself as well. Thanks in advance for any advice.
  2. #2
    Zigner is offline Senior Member
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    Quote Originally Posted by oavani View Post
    What is the name of your state (only U.S. law)? North Carolina

    My father died 3 weeks ago. His wife was executor of his Will and his accountant, and he had a life insurance policy. I haven't heard anything regarding this life insurance policy. The only thing I know is that his wife did say she told the funeral home to take their expenses out of the policy. (He was cremated)

    His wife is currently very focused on keeping his former business from failing and hasn't talked to his three daughters at all about any documents (life insurance policy or Will). My sisters are sitting around waiting for her to say something, but I don't think she's going to since she wasn't happy about us being around in the first place. My question is, how can I find out which company his life insurance was from and how do I get a copy of it so that I can look at it? I don't know any other way to find out what was on it, and I'm afraid if I leave this alone and let her sit on it, the policy could just be bled dry by debtors over time. His wife is living very well and both my sisters and I are living in poverty. I understand everyone's concerned with her feelings over losing her husband, but I'm starting to be concerned with myself as well. Thanks in advance for any advice.
    Why do you think you are entitled to anything from the insurance policy?
  3. #3
    ShyCat is offline Senior Member
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    Life insurance is paid out to the named beneficiary (or beneficiaries) of the policy. If you are not a named beneficiary, it's not your money. If you are, you will be contacted by the company.

    Also note that your father's estate is liable for his debts. Funeral expenses and debts are paid before heirs get their share. This is NOT a matter of being "bled dry"; it is how it should be.
  4. #4
    Zigner is offline Senior Member
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    Quote Originally Posted by ShyCat View Post
    Life insurance is paid out to the named beneficiary (or beneficiaries) of the policy. If you are not a named beneficiary, it's not your money. If you are, you will be contacted by the company.
    True

    Also note that your father's estate is liable for his debts. Funeral expenses and debts are paid before heirs get their share. This is NOT a matter of being "bled dry"; it is how it should be.
    Kind of true. The insurance payout would not actually BE a part of the estate (generally)
  5. #5
    Dandy Don is offline Senior Member
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    Normally the will is filed within 30-90 days after the death at the county courthouse probate court. Check there to see if anything has been filed.

    Do you know for sure that he had a will or are you just guessing about that? If you think she is deliberately withholding the will from being probated, then get an attorney to open up probate so judge can ask her to produce the will for court, but you must first be sure that there are assets that need to be probated.

    Is the decision about how the business profits are to be distributed handled in corporation papers or in the will?

    DANDY DON IN OKLAHOMA (tiekh@yahoo.com)
  6. #6
    oavani is offline Junior Member
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    Dandy Don, thank you for your reply. I'm only looking for information. Things I know for sure:

    1. He definitely had a Will, a life insurance policy, and his company was incorporated and insured. He also had a lawyer in charge of executing that Will, but no one will give me the name of this guy so I can call him.
    2. I was on his life insurance policy, because he told me himself when he was alive.
    3. His wife told my sister the insurance company didn't know he was dead yet because the hospital that did his autopsy "were notorious for not filing paperwork and didn't fax their report in yet". This was 3 and a half weeks ago.
    4. My father didn't really have much respect for women, and liked to take me aside and boast that "no wife or girlfriend of his could squeeze too much money out of him". (He was married three times, and had numerous affairs, so I don't believe this was the fairy tale marriage she claims it was.)
    5. According to him and his wife (when he was alive), his credit was incredible and they were not in that much debt at all.
    6. His wife was his accountant, and was certified to be one. (although she worked in a UPS warehouse part time as her main job when they first met.) She was also in charge of all his business records, and loved boasting about that to his children.
    7. I'm trying to figure all this out from Washington state, and all this is going on in North Carolina. I just need to know how to get information and how I may go about finding out who his lawyer is, that's all. His wife refuses to talk to me.
  7. #7
    Dandy Don is offline Senior Member
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    Would he have purchased this insurance through his place of employment or would he have purchased it privately, on his own, perhaps through an insurance agency? You can pay $75 to [url=http://www.mib.com]MIB[/url] and they do policy searches through the top 400 insurance companies in the US.

    He could have submitted a beneficiary designation change if he wanted his wife to have this money, OR SHE could have possibly submitted one (if she had power of attorney) to do the beneficiary designation change herself (with or without his knowledge), which might be illegal. Discreetly ask the funeral director about which insurance company this is--come up with a plausible reason why you would ask about it (I need to make sure that the entire amount has been taken care of, can you send me a copy of the funeral bill, etc.). If he won't tell, an attorney may be able to help you get information from the wife. It's also possible that there was a burial insurance policy and not a life insurance policy.

    You need your own attorney in the same city where the estate is being probated to represent YOUR interests. You will have a tactical advantage if your attorney is the first one to file to open up probate because the executor would have authority to request banking, insurance records, tax returns, etc. Have you even checked at the county courthouse to see if she has filed the will for probate yet?

    DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

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