Legal Question in Insurance Law in California
Son's retirement money is not paid
My son,who was in the military,died in an auto accident last year. I recieved a letter from the insurance co. who handles their retirement money, stating that any money to be paid (my son's own money), was payable equally to both parents. I had not supplied them with any info. for his father. So, no payment could be made. I called them and explained to them, that I had furnished no info., because I had none. That we had not had contact with the father for 17 years. I gave them info. where they could verify this fact. They said they would ''review the case''. That was over 6 months ago. I would just like to know, can they just keep my son's money that he had taken out of each paycheck? And if that is in fact true and the both parents thing, why wouldnt they in fact send me a check for whatever half the amount would be(wich I have no idea how much or little it is)? Thank you for any help or information.
3 Answers from Attorneys
Re: Son's retirement money is not paid
No. The funds should have been paid within 30 days. If you need help with this, please send me all of the paperwork and I will do so without charge to you. Your son's memory deserves better treatment.
Re: Son's retirement money is not paid
If Mr. Murray needs assistance, I'd be glad to offer same.
Scott Linden
No-Probate.com
Re: Son's retirement money is not paid
When a life insurance company cannot determine who should receive the policy benefits, it is supposed to pay what it is undisputed, and file what is called an interpleader action in court to adjudicate who is entitled to the balance of the money. That means that the insurance company actually sues the competing beneficiaries, deposits the insurance proceeds with the court, and then is dismissed, leaving the beneficiaries to litigate.
In this case, the carrier should have: 1) told you the amount of the policy; 2) paid you half of the proceeds, as that is undisputed; and 3) investigate and attempt to locate your son's father. The company should also be sending you monthly 'status reports' of what they have learned and what they are doing. California law is very strict in this regard.
I would suggest you call the adjustor on a regular basis and memorialize each phone call and what was said to you in a follow up letter.
You may have to retain a lawyer to help you at some point but you might succeed on your own.
Chris Ferry
925-212-7558
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