Legal Question in Wills and Trusts in California
My father died and had a life insurance policy in California. When his death certificate was issued it stated his DOB as 1934 (which was on his birth certificate) His CA drivers license, health insurance ect. stated his DOB was 1943. Myself and other beneficiaries only received 30% of the policy. Yes, there is an age discrepancy and the policy could be considered invalid. This might be a complicated question, what documents do life insurance companies require for proof of age when applying for a policy?
3 Answers from Attorneys
They need to be fought on this mustering all evidence of age you can.
Obtain yourself a probate litigation lawyer or other litigation lawyer to sue the insurance company into compliance with the policy terms. A good litigation lawyer will take this matter on contingency. You may have to shop for a lawyer, but shop carefully.
I concur. You need to consult with an attorney who can review all of the pertinent documents. If the policy has been in place for decades, the insurance company may not have the right to object to an error or misrepresentation of the DOB of your father. Only a full consultation and analysis will determine your rights.
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