Legal Question in Wills and Trusts in Pennsylvania
collecting on a life insurance policy
My father passed away Nov, 2001 in Erie Pa. from cancer at the age of 71. My brother was named as executor of the estate. The Will stated the estate was to be liquidated and divided up in thirds after all debts are paid for between my brother, sister and myself. My brother has sinced divided up the liquidated estate without the use of a probate court.
My only question to him was about my dad's life insurance policy. He said that dad borrowed money and that there was little left. He won't send me a copy of my dad's policy, so how can I believe him.
Is there any way to find out if someone has collected on a life insurance policy on someone who passed away? I believe that my brother collected a life insurance policy when my father died, and I'm trying to find out for sure. Can you tell me where I would even begin to look? I'm not sure if I have to know which company he had the policy with, or if there would be some kind of paper trail in the state in which the policy was purchased. Any help you can give will be very much appreciated!!!
P.S.
My dad lived & passed away in Erie, Pa., my brother lives in Tennesee, my sister and I live in Ohio.
1 Answer from Attorneys
Re: collecting on a life insurance policy
You need to speck to a PA attorney. In Ohio, and in most states, when someone dies there has to be a probate filing, even if the estate is worthless. You might be able to get a PA attorney to file an application to probate your father's estate, and obtain a court order for your brother to turn over all the documentation he has. Good luck.
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