Life Insurance Checks

[momm2500]

What is the name of your state? PA

Since the beneficiaries were deceased the life insurance checks were made payable to the estate. Since I am a beneficiary of the estate, would the insurance company send me copies of the cancelled checks? This is for probate and contesting the accounting of an estate. Mom was beneficiary on dad's 2 life insurance policies. One from the VA and the other personal. The executor made sure that the checks were made payable to mom's estate. She died 6 days after dad. Since I am the only other beneficiary to mom's estate; will they send me copies? Brother took all the money that was in the estate and I am fighting for it now (he scammed me out of everything). I need proof that the life insurance checks were paid to the estate which if so, then I am entitled to 1/2 and that is at least $13,000. or should I get my lawyer to request them? of course it is cheaper for me to get them and I wont have to pay the lawyer a boat load of money.

 

[Dandy Don]

Have you begun an official lawsuit against your brother in court and have you received a case number for that lawsuit? Is an attorney representing you?

You can try to contact the insurance company to order the copies of the cancelled checks yourself, but it is most likely that they will not release them to you. If an attorney is representing you, it is the attorney that needs to order the copies for you and that does not necessarily mean it will cost a boatload of money. Be sure to request a copy of the front of the check AND the back of the check.

DANDY DON IN OKLAHOMA ([email protected])

 

[Betty]

I would get an attorney to help you protect your interest in the estate & request copies of the checks.

 

[momm2500]

yes I have an attorney. We actually have a hearing to compel accounting from the estate first. I just want to make sure what I need to have or request. I do know that we might have a problem since the VA sent the check direct deposit and with my brother not opening an estate checking account, (he had everything deposited and paid from his own personal checking account) might be a problem.

Thank you

 

[momm2500]

dad died 1/26 mom on 2/1. the va sent the money from the life insurance company direct deposit to an account that was in mom's name. since it was a direct deposit and it happened on 2/12; would that automatically become part of mom's estate? money issued after her death.

also, i am waiting on the paperwork from them to verify which bank account it went to. my fear is that it went directly into brother's private account.

my question is: shouldn't that money become part of the estate then?

 

[Dandy Don]

You will have to find out from the bank exactly whose names were on mom's account (just her name alone or is it possible that brother got power of attorney and had his name added on to mom's account as joint-co-owner, in which case any money in the account automatically becomes his after mom dies, without going through the estate). Too bad that the insurance company used direct deposit, instead of sending a check made payable to the estate. But if the bank will only release account information to the executor, you will need to discuss how to get this information elsewhere, perhaps from the insurance company.

DANDY DON IN OKLAHOMA ([email protected])

 

[momm2500]

so if checks were made payable to the estate and he deposited them into that bank account, you are saying he gets to keep them? how can he if they were dispersed after death and made payable to the estate of? is that the loophole he was looking for so he can run with the money? well then i have to go about it a different way. the death claim form was not signed by my mother, it was signed by his wife and I have the proof on that! now where do i go with that one? go back to the VA and tell them and have them ask for the money back from him and then have them issue a paper check to the estate?

Well I guess we will wait and see what the judge states when they audit the final accounting. brother cashed in stocks inbetween dates of mom and dad's death and put the money into his personal account!

he has a shady lawyer in PA and would never recommend him unless you want to commit fraud!

 

[Dandy Don]

With direct deposit there most likely is nothing on paper to indicate that the money was payable to an estate, just a bank account number. That is why you or your attorney needs to see exactly how the bank account was set up and whose names are on there.

Who fills out the death claim form doesn't really matter. You need to be looking at the VA's policies and procedures for who was named as beneficiary to qualify to receive the death benefit--the spouse or the estate.