Legal Question in Insurance Law in Virginia

Our rights

My mother died April 2 2002. My father has been indicted for her death. He is presently serving time in jail out of state for another crime.He will be evtradicted back to Virginia next month to face these charges.

while in jail his house cought on fire,the insurance has

total lost. In April my father signed over his rights to my mother estate to my brother.

My father called the insurance company,gave a address where he wanted the check sent. These people where the check is going are no good,they are out to get whatever they can.

My mother name is on the insurance policy,and she has a estate.

My qustion is does buy any law , do the insurance company half to put my mother name on the check? Do my brother and I have any rights here?

Any help would be greatly apperciated.

Thank-you-


Asked on 10/10/02, 6:54 pm

1 Answer from Attorneys

Bruce Marshall Durrette, Irvin & Bradshaw, P.L.C.

Re: Our rights

You need to get a lawyer involved to head this off. If your father did kill your mother, which fact has not yet been established by a court, then he cannot recover nor be enriched by her estate, nor should he be able to transfer that right elsewhere. The insurance company needs to be put on notice of the situation before the check is sent out. Otherwise, it may be too late.

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Answered on 10/11/02, 8:42 am


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