Testamentary Letter -Life Insurance

[marlen138]

What is the name of your state? What is the name of your state? Florida

Good Morning,

My question is as follows: My mother passed away without a will, she had purchased life insurance for my dad, the insurance company is requesting a Short Certificate form of Letters Testamentary issued to the Estate of my mom evidencing the appointment of me as the executor of the estate. I've informed them there is no will and no estate. There comment was no problem, just list that on the letter.

Please advise if you can, how do I do this letter,certificate, does it need to get notorized, can I do this myself. If I need a lawyer is it very expensive. Please let me know, I would like to do this as soon as possible. This happened almost 2 years ago and now is when they are asking for this. Thank you for all your assistance!!
Marlen

 

[nowpastdue]

I am NOT an attorney.

I don't understand your question.

To whom is the life insurance benefit payable? If to your father, is he still living? If to someone else, then whom? If your mother was both the owner of the policy and the beneficiary, then your mother did have an estate, as the benefits would be payable to her estate.

If your mother died intestate and died after your father, then she died intestate and the order of succession of heirs is outlined in Florida statutes.

How much money is involved?

If I am not mistaken, probate attornies in Florida charge 5-6% of the estate plus $200 per hour.

IMO, if you are unsure of your rights or your responsibilities to yourself or to your mother's or father's wishes you should consider calling probate attornies for a free 15 minute consultation in office to ask a few questions to better enable you to decide if you actual need an attorney.

 

[CIAA]

Very strange situation as you describe it, or maybe it's just the lack of information.

Was the claim actually filed 2 years ago? Who was the beneficiary? If one, is he/she still living? If no, did he/she pass away before your mom did?

Now, assuming that the beneficiary of your mom's policy is her estate, I'm surprised that the Company didn't send you a form to use.....we used them all the time (when in the business)...it was called "Affidavit of No Estate". It should contain a statement you are her son and heir, that you want to claim the benefits, that your mother had no will and died intestate, that she was widowed or divorced (and when), that to the best of your knowledge there are no other legal heirs (or if there are, list their names, relationship and last known address).

Have it notorized and send it to them by certified mail.

 

[marlen138]

Very strange situation as you describe it, or maybe it's just the lack of information.

Was the claim actually filed 2 years ago? Who was the beneficiary? If one, is he/she still living? If no, did he/she pass away before your mom did?
Hi, First let me say thank you. There has been no claim. My dad was the insured. My mom took out the policy on my father. He's alive and well. He is now to become the owner of the policy and I was and would be the beneficiary. She died intestate. My dad and I filled out some forms they sent, but now they are asking for this testamentary letter. Please let me know if you have any idea of what to do. Thank you again for your attention and time.

Now, assuming that the beneficiary of your mom's policy is her estate, I'm surprised that the Company didn't send you a form to use.....we used them all the time (when in the business)...it was called "Affidavit of No Estate". It should contain a statement you are her son and heir, that you want to claim the benefits, that your mother had no will and died intestate, that she was widowed or divorced (and when), that to the best of your knowledge there are no other legal heirs (or if there are, list their names, relationship and last known address).

Have it notorized and send it to them by certified mail.

 

[marlen138]

I am NOT an attorney.

I don't understand your question.

To whom is the life insurance benefit payable? If to your father, is he still living? If to someone else, then whom? If your mother was both the owner of the policy and the beneficiary, then your mother did have an estate, as the benefits would be payable to her estate.

If your mother died intestate and died after your father, then she died intestate and the order of succession of heirs is outlined in Florida statutes.

How much money is involved?

If I am not mistaken, probate attornies in Florida charge 5-6% of the estate plus $200 per hour.

IMO, if you are unsure of your rights or your responsibilities to yourself or to your mother's or father's wishes you should consider calling probate attornies for a free 15 minute consultation in office to ask a few questions to better enable you to decide if you actual need an attorney.

Thank you for your reply and trying to help. The situation is that my father was the one who was insured. My mom took out the policy on him. She died, and the policy would now make him the owner of the policy and me the beneficiary. She died intestate and they are now asking for this testamentary letter. If you can send any other info it's greatly appreciated. There is no estate.
Thanks again.

 

[CIAA]

Ok, the policy is now owned by your mothers' estate. So send the same notarized letter previously suggested and rather than requesting benefits, request that the ownership be changed. This statement will need to be signed by your Dad and all other heirs.