QUESTION
What type of attorney do I need? Why?
Asked on Mar 04th, 2014 on Estate Planning - California
More details to this question:
My father died in 2007. He verbally told me I was the primary beneficiary on his life insurance and of his estate. He had an appointed lawyer who validated the same thing. I was told by the receptionist I would receive forms to get that portion started. Several months past and I never received these forms. I called and spoke with the lawyer. He claimed his receptionist lied and there was never life insurance. I paid a lawyer five hundred dollars to hear my case in the past and he did nothing because this was not his scope of practice. I do not know what type of lawyer to hire. I would like to know if someone could give me advice on two things. First, is there a way to find out if he did have life insurance; and if so was it fraudulently paid out to someone else? Secondly, what kind of lawyer could take this case contingent on the answer to the first question? Thanks.
8 ANSWERS
2 Awards
If it was just life insurance, it will be difficult. I would check and see if a probate was ever filed. You could have gone through is bank records to check and see if premiums for a policy were paid, but it has been 7 years so those records might not be available. Time is not on your side but if you wanted to reach out to an attorney, contact a probate attorney. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum.
Answered on Mar 06th, 2014 at 11:03 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Verbal promises mean nothing in cases like yours. Insurance passes based on beneficiary designations that were filed with the insurance company. There would not be any fraud involved, unless you were named as beneficiary and someone else pretended to be you in collecting the funds. If the money has not been paid out by the insurance company, they may be waiting for you to make a claim. If it has been paid, you need to know if you were named beneficiary, and if so, how it was that the proceeds would have been paid out. A probate lawyer should be able to assist you with this.
Answered on Mar 06th, 2014 at 11:01 AM
Edwin K. Niles
You need a probate specialist. Ask your local bar association for a referral.
Answered on Mar 06th, 2014 at 11:01 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Do you know what insurance companies your father had policies with? You can check with the probate court to see if an estate was ever opened. It's too late at this point to open a probate estate but, if necessary, you could talk to an estate lawyer about a determination of heirship action. To do this you should have an idea of what the assets might have been. Did your father leave a spouse surviving? You probably need a probate/trust/estate attorney and you can get a referral from either the Missouri Bar or, if you live in the St. Louis area, from the Bar Association of Metropolitan St. Louis.
Answered on Mar 06th, 2014 at 10:54 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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You might find a collection attorney willing to take your case on a contingent fee basis but that will be difficult. Finding a lost insurance policy is also difficult. If you know the company then contact that company. If you have access to your father's financial information from prior to his death you can find out if he paid any insurance premiums and to whom the premiums were paid. Finally, you might check the Illinois State Treasurer's Unclaimed Property Division (iCash) to see if any property is being held that was identified as your father's.
Answered on Mar 06th, 2014 at 10:50 AM
Thomas Edward Gates
You need a probate attorney. Any fee arrangement would be between the two of you.
Answered on Mar 06th, 2014 at 10:21 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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An awful lot of time has passed. Normally, to find an insurance policy, I'd send a search letter to all the insurance agents in town. I'd also look at the decedent's check register, as you would normally catch policy premiums being paid, and then you could follow up with who they were paid to.
Answered on Mar 06th, 2014 at 10:10 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No lawyer is going to take this matter on a contingency basis. Secondly, obtain the service of a probate lawyer to investigate this matter and to advise you as to the proper course of conduct.
Answered on Mar 06th, 2014 at 9:48 AM