QUESTION
Why hasn't my dad received any of his deceased mother's insurance?
Asked on Feb 25th, 2014 on Estate Planning - Nevada
More details to this question:
My grandma died on November 11, 2013, and I am writing this question on February 25, 2014. I do not know every detail, but what I do know is that all the documents, including the insurance claim and death certificate were provided swiftly. They even asked for proof of my dad's age (which seemed ridiculous, my grandma was 95 years old) and my dad provided that as well in the first week of January. My dad has an attorney that is assisting him with financial problems, and he has been communicating thoroughly with both the insurer and my attorney. It has now gotten to the point that his attorney told him last week to "Not bother them anymore." We truly do not understand why almost 3 and a half months later we have not received a single penny of the insurance money. He told them a month ago that most of our utilities were going to be shut off if he does not receive any of the money, and it seems to make no difference at all. Now he is looking at 4 different shut-off notices and he can't "bother" them anymore. Why is it taking him so long to receive this insurance money?
8 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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There is an old saying, "Patience is a virtue, observe it if you can, found in a woman, seldom in a man." Looks like you need to back up and reconsider all that your attorney has advised you, about the matter, as respects his communications with the insurance company. Then, make an appointment to see him, and get a realistic reading on the situation. Three and half months is not a long time for interfacing with an insurance company. These matters take time.
Answered on Feb 27th, 2014 at 4:51 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Different insurance companies process claims differently. They are ALL very happy to accept premiums, at any time. When it comes time to pay claims, they often come up with all kinds of reasons to delay. A claims period of 4-6 months is not unusual. MOST companies settle claims much more quickly than that. I see no reason why you should not continue to be a "pleasant pest," and try to get to the bottom of this. That may not speed things along, but it might at least get you an explanation for why things are taking so long.
Answered on Feb 27th, 2014 at 4:50 PM
2 Awards
I am sorry for your situation. The hard, cold, reality is that your father's inability to pay his bills without receiving an inheritance is not the attorney or insurance company's problem. He should be able to pay his bills on his own and not be relying on this chance inheritance. 3 months is not unreasonable. If you leave them alone, your father will probably have the insurance money in a month or so.
Answered on Feb 27th, 2014 at 4:50 PM
Edwin K. Niles
How would we know the answer? Write the attorney and ask for status.
Answered on Feb 27th, 2014 at 4:50 PM
Unless the insurance policy specifically named your father on the document, he has no claim to the money. If it does name him as the beneficiary, he should be able to obtain the money himself by meeting the requirements of the insurance company. If he is receiving the payout as a result of a bequest in your grandmother's will, he is going to have to wait until the executor gathers all of the estate's assets, pays off all of the bills, submits and pays all taxes, and deals with any other legal issues that come up. It could be another year or more before he receives the money. And that's assuming that there are enough other assets in the estate to cover all of the debts.
Answered on Feb 27th, 2014 at 4:48 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Contact the insurance company directly and find out the status of the claim. Your father should have copies of the claim documents and all the pertinent information.
Answered on Feb 27th, 2014 at 4:46 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No one knows except for the attorney. It may be that the insurance lapsed or someone else was the beneficiary. You have to sit down with the attorney and ask what is going on. Is it possible that your father is getting confused.
Answered on Feb 27th, 2014 at 4:46 PM
3 Awards
Your father needs to schedule an appointment to meet with his attorney to get a status. If that cannot be done, then contact the State bar where the attorney practices about the lack of response. Best of luck to you and your family.
Answered on Feb 27th, 2014 at 4:46 PM