No Will and Insurance Claims

[atchleyp]

My mother resides in Kansas. An insurance company recently contacted her regarding a small insurance policy that my stepfather had. He died six years ago without a will and very little property, etc. There was no probate or executor. However, the insurance company has sent papers to my mother for completion and keeps saying that she needs to provide a testimentary from the executor. She has provided them with the other information they have requested, i.e., certified death certificate, obituary from the newspaper, etc. She does not know who the beneficiary is on this policy and I believe it is only for $3,000, probably a policy that he forgot he had taken. There was no executor and if there was a small insurance policy is this not considered contract and should be awarded the beneficiary without my mother having to pay an attorney to provide this testimentary? My stepfather died in the state of Kansas.

[Edited by atchleyp on 01-01-2001 at 02:44 PM]

 

[ALawyer]

Many insurance policies have a "facility of payment" provisions designed just to avoid the hassle and permit family members to recevie benefits on small policies without hassle if no beneficiary is named.

She should speak to the insurance company, explain that there were no letters testamentary issued as he had no assets and ask them to suggest a way to make payment.

In most states there are provisions for simplified handling of small estates and she may be able to do get letters testamewntary on her own if needed.