Legal Question in Wills and Trusts in Massachusetts
Hello,
Thank you for your time. I received a letter that my father had a life insurance policy that had not been claimed. The social security death index produced a hit on his name and that is why the company tried to reach next of kin(that is what they told me) My father died in 2003. I called the company & they told me that the face value of the policy was $28,000. They told me what I would need to do to put a claim in. I was away for the holidays and I did not start any of the process. I revisited the issue in March and I called the company just to confirm what I was previous told. The call was much different. I told them that I had been given a lot of information in the previous call & that I just wanted to confirm before proceeding. Now, the insurance company is stating that the policy was paid out in 2004 to my father's girlfriend at the time. She is listed on the death certificate as the reporting party for the death. She is also listed as a "friend" The death certificate lists that my father was never married which is untrue. He was married and divorced from my Mother. I am trying to figure out if the insurance company made a mistake and the girlfriend was paid in error. The insurance company says that they do not have to provide me any documentation. They did say that the girlfriend was the named beneficiary. Wondering if this is true. Sorry to ramble on...just trying to see if I have any recourse. Thank you kindly, Renee
1 Answer from Attorneys
The only way to get the information is to open or reopen the estate of your father and seek appointment as Personal Representative and demand the records from the insurance company.
If the money was indeed paid out to the girl friend in 2004 it is a waste of money and time.
You can send a formal demand letter as next of kin,certified return receipt in reply to the letter you received and see what happens before moving forward with other alternatives.
Good Luck