Legal Question in Wills and Trusts in Texas

Life Insurance

My father died intestate just over a yr ago. We weren't aware of any life insurance but some was located & forms were sent to us. (2 heirs) We filled them out & sent back as asked & within 4-6 wks we received a sum of money in an account with checks that we could write.

approx 1-2 mos later they are writing us saying that they made a mistake & that a loan had been taken out on that policy & that we need to repay over 1/2 of what they had sent us & originally told us.

I paid off several loans & balances that I had outstanding & am approx 3,000 short of what they are wanting in payment. What recourse do I have ?? Do I have a set time to pay them back ?? I even paid off some 0% interest rate credit cards just to get rid of them. I don't want to have to take out a high interest loan to pay them back with. Please advise.

Thank you.

~W


Asked on 10/30/06, 2:33 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Life Insurance

The insurance company should be very willing to work with you. Communicate with them. As a former claims attorney, I know that to recoup on an error my department had made, I would have worked something out. You should be made whole and it would be reasonable for them to take installments for repayment at NO interest.

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Answered on 10/31/06, 8:47 am


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