QUESTION
Why haven't I received my share of my dad's insurance money and my brothers and sister did?
Asked on Sep 10th, 2013 on Estate Planning - Nebraska
More details to this question:
My father died last summer of 2012, he was not biologically my father but him and my mom was married when she gave birth to myself and my sister. Which legally made us his kids and he is on both of me and my sister's birth certificates. My other older brothers are biologically his children though. Out of all of us I am the youngest. Our father left an insurance policy, about 4 months after his death all of my siblings received their share of his money but I haven't got anything. What should I do ? Our mom has been deceased for 17 years.
11 ANSWERS
Bankruptcy Attorney serving Florissant, MO
at
Law Offices of Thomas Corcoran Phipps
Update Your Profile
You should send a letter to the insurance company explaining the situation. You should send any supporting documentation such as your birth certificate and your father's death certificate.
Answered on Sep 16th, 2013 at 5:25 AM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
You should contact a probate litigation lawyer to represent you to investigate the management of the assets of your father, and to determine why you did not receive any of the insurance funds; you may have not been named as a beneficiary on the policy; but you may have a bigger problem as there has been so much time lapse between the death of your father and your claim you now raise.
Answered on Sep 11th, 2013 at 8:00 PM
Something is very wrong. Ask the insurance company if you were named as a beneficiary. If the others were specifically named and you were not, you may not receive anything.
Answered on Sep 11th, 2013 at 4:04 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Contact the insurance company. This will be a matter of the contract of insurance and how beneficiaries were named. Then, again, did you apply for the life insurance benefits? Maybe you just need to apply.
Answered on Sep 11th, 2013 at 1:12 PM
2 Awards
Contact the insurance company. It doesn't come automatically, you have to fill out a form to receive it. Of course if you were not named as a beneficiary, you will not likely receive any of it. You won't know until you contact the insurance company. 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 Sep 11th, 2013 at 12:24 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Call the insurance company and ask if you were a beneficiary. If you were not, you get nothing. If it was paid into his estate, then you need to find out if there was a will. If not, somebody is messing with you. If there was a will and you were left out, you might have a basis for going after the money.
Answered on Sep 11th, 2013 at 12:08 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
More information is needed. Insurance normally is paid out to designated beneficiaries. If your siblings were named beneficiaries and you were not, there is probably very little you can do, at this point. If, on the other hand, the insurance was payable to your father's estate, (which would be rare), then you would be entitled to a portion of it, unless he left a Will saying otherwise.
Answered on Sep 11th, 2013 at 11:34 AM
Thomas Edward Gates
You first need to check who were the beneficiaries on the life insurance policy. It could be that you were not listed. Or, the insurance company does not have your contact information.
Answered on Sep 11th, 2013 at 11:34 AM
3 Awards
I am sorry for your loss. It is important to understand that you may not have been named on the policy. Usually insurance policies have named beneficiaries. Have you contacted the insurance company? He had the right to name whomever he chose as the beneficiaries, thus you need to determine if you were named. If the estate was the beneficiary, then you need to determine the status of the probate. From the sounds of it though I think it was a distribution not subject to probate. Best of luck to you. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Sep 11th, 2013 at 11:11 AM
Life insurance is a contract and not going to part of your father's "estate" and not probated. The only persons to receive money from a life insurance policy are the named beneficiaries. You must have been named as a beneficiary on that life insurance policy to receive any money. If you were named on the life insurance policy, go to that life insurance company and complete the forms to receive your share.
Answered on Sep 11th, 2013 at 11:09 AM
First you need to find out if you were a named beneficiary on the insurance policy. If your siblings were named but you weren't then unfortunately you're not entitled to any of the funds. If no one was named as beneficiary on the policy, the money would be added to your father's estate and distributed according to his will or the intestacy laws of the state he resided in at the time of his death. It is also possible that your share was put into a trust with you named as the beneficiary and someone else as trustee. Talk to the executor of the estate about this matter.
Answered on Sep 11th, 2013 at 10:54 AM