Standard procedure, or do I need a lawyer?

[benn3393]

What is the name of your state (only U.S. law)? UT
Okay, I just want to know if this is standard procedure for small claims, or if something else is going on.

I am the executor of a family member's trust. We have filed a small claim with one of their life insurances because they "never got his beneficiary change form, and will not honor it after his death". Their ex-spouse of 10 years is still their beneficiary of file. They sent the form in, I'm sure it got lost on someone's desk. We have a copy of the origianl. We may win, or we may lose that's not the question.

So we filed small claims on them, and noticed on justia.com that the insurance co. is filing suit against the trust, with the ex-spouse as a defendant, the trust as a defendant, and myself as a defendant. The ex-spouse is listed as a interpleader.

So is this standard, and the insurance co just wants a judge to make the decision, or is something else going on?
Thanks for any help!

 

[tranquility]

The difference is the insurance company has an attorney who knows the law.

Why would you think you could sue in small claims? I suspect you can't represent the estate (although I'm not sure on that one), you can't ask for what you're asking for and the court would have no jurisdiction over the defendant. Sheesh. If others care about the results, you have also committed a fiduciary breach. (In that there are other beneficiaries and not just you.)

Get to an attorney.

As to the insurance company action, it's called an interpleader. They will put out the money they are going to pay and those who claim it will litigate the issue. It will be in regular court and you should get an attorney.