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N Cal Attorney
N Cal Attorney, Attorney
Category: Consumer Protection Law
Satisfied Customers: 9084
Experience:  since 1983
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My father passed away 9 weeks ago and my mom and I are

Customer Question

Hello, my father passed away 9 weeks ago and my mom and I are having problems with ***** *****cock. He has a life insurance policy with them but ***** *****cock claims my father cashed it in the year of 2009. My mother said she and my dad never received a $19,000.00
check from them and would have remembered getting a big check like that. We asked ***** *****cock to send us a copy of the signed/cashed check but they refuse stating they don't have access to that check anymore. Please help.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

I am sorry to hear this.

Has anyone opened a probate case on your father's estate yet?

Customer: replied 1 year ago.
My father and mother have a will but she is not deceased yet.
Customer: replied 1 year ago.
The problem is ***** *****cock was telephoned as my mom got out the life insurance policy and informed them my dad passed away and wanted to cash in the policy. The representative looked up the policy number and said that my dad cashed out on the policy in 2009 and that they sent a $19,000.00 check to him which they claim he cashed. My mom said they never received such a check from ***** *****cock in 2009. My mother asked for them to verify it by sending her a copy of the supposedly cashed check . The representative said they no long have that cashed check on file. My dad and mom paid into this for many years and now ***** *****cock is ripping off my mom. What can she do?
Expert:  N Cal Attorney replied 1 year ago.

You still have to file the Will for probate.

755 ILCS 5/6-1 Duty to File

(a) Immediately upon the death of the testator, any person who has the testator’s will in his possession shall file it with the clerk of the court of the proper county and upon failure or refusal to do so, the court on its motion or on the petition of any interested person may issue an attachment and compel the production of the will.

(b) If any person wilfully alters or destroys a will without the direction of the testator or wilfully secretes it for the period of 30 days after the death of the testator is known to him, the person so offending, on conviction thereof, shall be sentenced as in cases of theft of property classified as a Class 3 felony by the law in effect at the date of the offense.

The will is to be filed with the Probate Court Clerk in the County where the probete is to properly take place. Once filed, a will that is filed may be viewed or a copy obtained by any member of the public.

Once you have an executor appointed, the executor can subpoena the records from the insurance company and from the bank if necessary.

You can get a free consultation from some of the probate attorneys listed by location here.

Please follow up on this with a local attorney.

I hope this information is helpful.

Customer: replied 1 year ago.
My mom is the beneficiary of my deceased dad's life insurance policy. I have nothing to do with the monies as everything goes to the surviving spouse which is my mom. ***** *****cock insurance just refuses to send her evidence that the $19,000.00 check was cashed in 2009. Are you saying my mom has to go to court just to get a copy of a supposedly cashed in life insurance policy check?
Expert:  N Cal Attorney replied 1 year ago.

I'm saying she has to file the Will for probate aside from the situation with the insurer.

Has she asked her bank for any records it has relating to the check?

Does she have any records showing the premiums were being paid after the date the insurer claims to have cashed out the policy?