Legal Question in Wills and Trusts in Texas
death benefit
my mother passed away five years ago. I recently found a life insurance policy but my Dad was listed as the beneficiary. He passed away 7 years ago. What do I need to do to file a claim. My mother lived with me in TExas at the time of her death. The insurance policy was taken out in New York in the 1970's.
2 Answers from Attorneys
Re: death benefit
You must contact the life insurance company to obtain claim forms. If your mother had a will, then the benefits may pass according to its terms. If she didn't, the benefits may pass according to the Texas descent and distribution laws. You do not necessarily get the whole benefit just because you were caring for her at the end. The life insurance company will hopefully be able to give you some guidance on how to collect the benefits.
If that life insurance company no longer exists, you will need to do some research to see what company now owns the policy. In Texas, you can search at https://apps.tdi.state.tx.us/pcci/pcci_search.jsp.
In New York, there hopefully is a similar site where you can track down old insurance companies.
Re: death benefit
Call the insurance company and ask to make a claim. The insurance policies typically have a "contingent beneficiary" designation. This means that if the primary recipient of the funds is deceased, then the money goes to the second person listed on the policy. If there is no contingent, then you first need to follow the insurance company's procedures, and then, if required, you may need a court order to prove you are entitled.
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