Life insurance claim

[miffits]

What is the name of your state? Pennsylvania

I have a question. My father was murdered by my brother about 2 1/2 years ago. He is in prison awaiting trial. The only other person at the house at the time of the murder was my mother, who is the beneficiary of the life insurance policy. She has not received the life insurance because of the circumstances surrounding his death. She will most likely be arrested after my brothers trial as an accomplice. That would leave me and my sister to claim the life insurance. How do I go about finding out how to do that and what to do? and am I eligible to receive his life insurance as his eldest daughter?

 

[somarco]

If your mother is indeed convicted as an accomplice she will be prohibited from receiving the proceeds of the life insurance policy. Once that issue is settled, the proceeds will be payable to the estate and distributed accordingly.

 

[miffits]

why would I not be eligible?

 

[DerbyGirl]

I would think because you are not listed as a beneficiary.
You said mom is listed as the beneficiary. If she is disqualified as beneficiary - it would make sense that it be paid to his estate.

But...I am not a lawyer.

Regards,
DG

 

[somarco]

I never said you were not eligible to receive the proceeds. Absent being a named beneficiary on the policy, the proceeds will be payable to the estate. Your share will be determined according to the provisions of a valid will. If a valid will is not in place, the laws of intestacy will apply and you will get your proper share along with other estate assets.

 

[miffits]

He did not have a will and does not have an estate. Everything he had is at my grandmothers in storage. My mother may or may not have a will which does not apply if she goes to prison. Most likely my sister is the executrix since they are on speaking terms. I was just wondering when to hire an attorney and investigate the life insurance.

 

[somarco]

Anything in your fathers name (including jointly held property) at the time of his death is considered his estate. If he owned nothing, not even a bank account, then you may have a point.

Most people do have title to something at their death.

You may want an attorney, but there is nothing to investigate with regard to the life insurance (based on what you have posted).

My comments so far assume:

1) Mom is convicted of being convicted as an accomplice to your father's murder

2) There are no other named beneficiaries other than mom

If all of these are correct, the proceeds will be payable to the estate and distributed (along with other assets in your fathers name) according to intestacy laws in your state.

If mom is not convicted she will receive the proceeds as named beneficiary.

If there are other named beneficiaries, they will receive the proceeds.

 

[Dandy Don]

You could ask your local senator or congressman to intervene with the health department commissioner to expedite the certificate, but it won't do you any good--the insurance company is going to delay payout until they have conducted their own investigation or waited for the official investigation to be finished. And your failure to describe even the briefest details about the death makes it look suspiciously like you all conspired in this matter.

DANDY DON IN OKLAHOMA ([email protected])

 

[miffits]

I live in North Carolina and had not talked to a single member of my family for four years prior to the event because of my brothers heroin usage and violence towards my family. I am the only member of my immediate family who is defending my father. My mother and sister are defending my brother.So I have not been conspiring to anything.

 

[Dandy Don]

This is a question you need to be asking the insurance company. Ask them what happens if mom is convicted. An alternate or secondary beneficiary may have been designated, and the insurance company can tell you if that is the case or not.

DANDY DON IN OKLAHOMA ([email protected])