Legal Question in Wills and Trusts in Illinois
My mother died October 2015 . She left no will. I am the oldest child trying to get the insurance to pay the death benefits. What can I do
2 Answers from Attorneys
If the insurance is payable to beneficiaries, then typically each beneficiary will sign off on the claim forms. If it is payable to the estate, then you should seek advice about the use of a Small Estate Affidavit, if applicable, or filing for probate.
You need to negotiate with the insurance company. Do you have a copy of the policy? Has the insurance company helped you initiate a claim by at least providing a claim form to you? Have you filed a claim (this presumes you are a beneficiary)? Has the insurance company asked you to verify the mailing addresses of any other potential beneficiaries? Please carefully take notes to document who you talk to (name, date, phone number called) at the insurance company, and if you send them any correspondence, do it by Certified Mail return receipt requested.