Hi everyone. Hoping someone here can help me.

[JustJen10]

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

My mom passed away in April of last year. She had two children-me and my sister. My sister had been estranged from my mom for years before my moms passing. My mother had a life insurance policy thru her job and in 2007 she named me as sole beneficiary on the policy (changing it from joint beneficiaries - me and my sister). She also changed her will leaving me everything and made me executor of her estate. When my mom passed my sister called the insurance company and stated that she wanted to contest me as sole beneficiary. Since then I have received papers from a lawyer representing the insurance company that I signed, had notarized and sent back as requested. Well, a few days ago I got a call from the lawyer who represents the insurance saying that my sister can no longer be located by them. The address she gave them is no longer valid and the phone number she gave them has been disconnected. The insurance company tells me they dont know what to do in this situation and the lamyer for them refuses to answer any of my questions. I dont know what to do to get the money that is owed to me. I really need it too because I have funeral expenses I have been unable to pay, real estate taxes on the house she left me that I am unable to pay, etc. The life insurabce company is Minnesota Life. Please, if anyone c an tell me what I should do to get this matter resolved I would be SO grateful. I am at a loss.

 

[Zigner]

I would like to know what the experienced attorney for the insurance company ACTUALLY said. I'm sure it wasn't "We don't know what to do".

 

[JustJen10]

It wasnt the attorney for the insurance company who said that. It was the woman I talked to at Minnesota Life who said that. The attorney wont tell me anything at all. He says that answering any of my questions would mean he is giving me legal advice and he cant do that.

 

[Zigner]

It wasnt the attorney for the insurance company who said that. It was the woman I talked to at Minnesota Life who said that. The attorney wont tell me anything at all. He says that answering any of my questions would mean he is giving me legal advice and he cant do that.

Then I would suggest that you have a consulation with an estate/probate attorney.

 

[JustJen10]

I dont have any money to hire a lwayer. Which is why I was hoping for some advice from here.

 

[JustJen10]

It seems to me that the insurance company should be required to pay me these benefits. Why did my mom have a policy she paid into most of her life if they were going to ignore her wishes?

 

[Zigner]

It seems to me that the insurance company should be required to pay me these benefits. Why did my mom have a policy she paid into most of her life if they were going to ignore her wishes?

Don't get me wrong...I *agree* with you. However, you aren't getting anywhere on your own. Make a bunch of phone calls. Send a bunch of emails. If it's as cut and dry as you have indicated, you may, in fact, find an attorney willing to take this on and get paid out of the insurance proceeds.


ETA: You also, MAY, have a case of "bad faith" against the insurance company. Again, you will need an attorney.

 

[JustJen10]

Ok, thank you a lot. I appreciate the information.

 

[Betty]

You might also be able to get a referral to a no cost/low cost attorney from your local legal aid society, local or state bar assoc. or local law school if there is one.

Good luck.

 

[cyjeff]

You have to remember that insurance companies, as a group, look for any reason whatsoever to not pay a claim.

Your sister's influence gave them an "out" that they are hoping to exploit. Of course the person at the insurance company knows what to do.

They are hoping YOU don't.

You may have to pay an attorney for a letter to them to insist upon the release of funds. You are the sole beneficiary. It is not up to the insurance company to figure out what the deceased "really" meant.

If your sister has a case, she can sue you or the estate for the funds.

 

[I_Got_Banned]

You can also contact the VA Bureau of Insurance http://www.scc.virginia.gov/division/boi/index.htm

 

[Betty]

I don't know what level the woman was who you talked to at the ins. co. but you might "try" calling & ask to speak to a mgr. or someone higher & explain the situation to them. See if they will give you more information on what they are planning on doing. (What the status of your claim is) They can't just not do anything.

You may end up needing a lawyer as indicated.

 

[JustJen10]

I really appreciate all the input I am getting from here. Tomorrow I am going to do every single thing that has been suggested and hope it finally gets me somewhere. I will keep you all posted.

One more question that maybe someone here can help me with. The insurance company is telling me that I have to pay THEIR lawyer out of the benefits. Is this true??

 

[anteater]

One more question that maybe someone here can help me with. The insurance company is telling me that I have to pay THEIR lawyer out of the benefits. Is this true??

Say what?

Pay their lawyer for what?

 

[JustJen10]

Yeah, they are telling me that since my sister and I couldnt come to an agreement about splitting the benefits (even though I am sole beneficiary on the policy) that any legal fees charged to them by their lawyer are to be paid out of the benefits.