Named Life Insurance Beneficiary/Did homework

[zuniport]

What is the name of your state?California Estate in Probate

OK IAAL, I did the homework assignment. My eyes did glaze over a few times. (Engelhoff v Engelhoff, CA FAM ss2024 & CA Probate 5600 ) -- I have to tell you if I had to read stuff like this everyday I'd be stark raving mad in short time. And I did read your other posts regarding the same subjects.

Facts: Insured died intestate - resided in Calif. of natural causes one year ago. Deceased's brother has been appointed Administrator. I am the ex-wife. Deceased never re-married nor did he have any children.

In mid March 2005, I received a written request from the Life Ins. Co. for *Certified Death Cert. & completed Beneficiary Statement. The Ins. Co. states with this request that I am the Named Beneficiary. *(I supplied a certified death certificate available to non-family which is stamped with "Informational, Not a Valid Document to Establish Identity") So, already for a year now the insurance company has this, and it doesn't appear as if there were any great efforts exercised in locating me.

I submitted the Statement and supplied a CDC via overnite mail, and confirmed their receipt with a follow-up phone call. At that time I was told it would take 5-10 business days to process payment. When this time lasped, I followed through with another phone call and with persistent questionning learned "someone" has filed paperwork disputing the claim. Then I was told that further questions would have to be submitted in writing.

I would assume the Ins. Company is aware of the laws and that the Administrator of the Estate would be apprised of the laws. I'm sure the family doesn't like the idea of me being the beneficiary and may possibly be attempting to ascertain whether or not I am alive and expecting to collect. However since these proceeds are not considered a part of the estate, why would the insurance co. go to the trouble of collecting the information and then withhold payment? Even though it appears that I am legally entitled to collect on this policy, I have learned that some are willing to push the envelope in such matters and will attempt to legally block me from doing so. Is it advisable for me to retain legal councel at this point in order to preserve/protect my interests? Is having an attorney write a letter to the insurance co. demanding payment worthwhile? Thank you in advance for your consideration. Z.

 

[BelizeBreeze]

Is it advisable for me to retain legal councel at this point in order to preserve/protect my interests?

I don't think cisco will mind me answering for him.
And that answer is a big DUH!

Also, one question: When you divorced, was the policy inforce and if so, was it part of the property settlement?

 

[zuniport]

Named Beneficiary/response to BelizeBreeze

Geez, gimme a break! Affording an attorney won't be easy for me! My crime here is being poor, not stupid. Yes the policy was in effect when we divorced. To the best of my recollection, no it was not a part of the property settlement. However, I can see that I'm going to have to go digging for those documents too. Sigh. But, thank you for your reply and consideration.

 

[BelizeBreeze]

Geez, gimme a break! Affording an attorney won't be easy for me! My crime here is being poor, not stupid. Yes the policy was in effect when we divorced. To the best of my recollection, no it was not a part of the property settlement. However, I can see that I'm going to have to go digging for those documents too. Sigh. But, thank you for your reply and consideration.

If you thought you were going to get a gentler, kinder version of IAAL you were seriously mistaken. Twin brothers of different mothers.

Now, it's time for more homework

 

[I AM ALWAYS LIABLE]

Geez, gimme a break! Affording an attorney won't be easy for me! My crime here is being poor, not stupid. Yes the policy was in effect when we divorced. To the best of my recollection, no it was not a part of the property settlement. However, I can see that I'm going to have to go digging for those documents too. Sigh. But, thank you for your reply and consideration.

My response:

Of course, you need to consult with a local attorney; however, that being said, and because I believe you're "on all fours" with your claim, I can't envision that you couldn't retain counsel on a "contingency fee", thus enabling you to retain counsel.

We need more information concerning the actual hold-up to your receipt of the funds; however, assuming that a relative is throwing a monkey wrench into the works, as it were, I envision that the insurance company is going to file a "Complaint in Interpleader" with the court fairly soon, serve you, and whomever is rocking the boat with the Complaint, and deposit the money with the court. That will force you, and whomever, to battle it out between yourselves, and to get the insurance company "out of the loop".

So, start attorney shopping - - if for nothing else, to help you get to the bottom of the hold up.

IAAL

 

[zuniport]

Named Beneficiary Life Insurance

My appreciation for all your help today BelizeBreeze and IAAL. Guess I get to purchase a ticket for the rollercoaster ride. Again, thank you.

 

[Dandy Don]

My sympathies to you--the insurance company is making this harder than it needs to be but we all know how they get when it looks like they are responsible for paying out money--they will delay as long as they can.

The fact that this brother-in-law administrator has filed a senseless complaint means that the insurance company has to follow up with some type of action/investigation, whether the claim seems to be justified or not. I think that brother-in-law may be confused about the law--yes, as a divorced ex-spouse, you would not be qualified to INHERIT, but this insurance money passes OUTSIDE OF PROBATE and so as long as you were named beneficiary, that is ironclad and he has no legal grounds for a complaint to the contrary, but if he is not aware of this then he might wrongfully feel that he has legal justification for filing a complaint, unless he is doing it out of spite or greed.

Even though you will most likely win an interpleader, it would be wise to keep it from going to court if at all possible in order to avoid attorney costs. I suggest you write a letter of complaint to your California State Insurance Commissioner (www.insurance.ca.gov, click on Consumer Services link, then click on TALK TO US link to find mailing address).

Before doing that however, you should try to find a local probate or business law attorney (perhaps one could inexpensively be found, for $100 or less, through Prepaid Legal or just by interviewing with different attorneys until you find one willing to help you, if you plead poverty by explaining that you are a poor single mom) to write and send a certified letter to the insurance company on your behalf (on attorney letterhead stationery), informing them by requesting (1) that they send you a copy of the nature of the complaint, and (2) insisting that if they do not send your check (how much is the policy worth?) within 1 week (and mention that specific exact date) that "you will have no choice but to file a complaint with the California State Insurance Commissioner to have them investigate this matter and the reason for the uneccessary and unconscionable delay due to an unsubstantiated claim by a disgruntled relative", and remind them that "I have furnished all of the necessary documentation that you requested." Some insurance companies will not like the prospect of facing an inquiry and this may be just what they need to get off of their duffs and send you your money.

If you wanted to send the insurance company that letter on your own, then that would be permissible, but it would have more impact and the insurance company would be less likely to ignore your request if it actually came from your attorney. Then, if you have not received your check by the 1 week deadline, send the complaint to the California Department of Insurance.

Best of luck to you in getting what you rightfully deserve!

DANDY DON IN OKLAHOMA ([email protected])

 

[zuniport]

Named Life Insurance Beneficiary

Thank you for your time and consideration Dandy Don. I've very much appreciated everyone's help here, more over because I have very little resources to spend on this and information provided here gets me pointed in the right direction. Many thanks. Z