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Im Beneficiary to my deceased mother in law.She has no other estate since she has been in a nursing home from 2005 to2012,but i am required to make out suragate papers? The amount is 5000.00,the county of origine required amt. is 30,000.00.So they want me to fill a paper calledsmall estate adm.-article 13 scpa. Is this all necessary. The reason im asking is my son was benificiary of her husbands life insurance and he had no problem like this. What should I do?
Optional Information: State/Country relating to question: United States Already Tried: Ive called General Electric and they told me I have to go through Surrigate. So I have to get another death certificate and make out more paperwork.Before I do all of the paperwork things I thought you could suggest something. Thank you
Hi, thanks for your inquiry! I have been practicing Estate law for 17+ years and have specific experience with issues like yours. That being said...Are you the beneficiary noted in your MIL's Will? ------ Please note that I have not yet answered your question. That is because this is one of those times where additional information is necessary or prudent. I have requested this additional information from you in order that a most thorough and accurate answer may be provided and I look forward to your response. In the meantime, I will be researching any related issues as necessary for that thorough answer, to ensure that there are no recent legal changes that could effect my answer, as well as drafting portions of the answer for you. Thus, if you don't see my response right away, after you provide your reply, please don't be concerned. Once I respond, you should be getting an email notification (or other) so you can come back and receive that answer. Thank you, XXXXX XXXXX look forward to assisting you. Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and and better pursuing the details you need. PLEASE ALSO KNOW THAT ANY ANSWERS FROM ME ARE POSTED ON THIS SITE AND NOT EMAILED TO YOU. I DO NOT KNOW YOUR EMAIL AND WILL NEVER EMAIL YOU MYSELF.
No Will
OK, can you clarify why you believe you are a beneficiary of her estate? I think that is what you were indicating, yes?
I am on her life insurance as her Benificiary.
Oh, OK. Let's go through this carefully:I'll likely have a few more questions:
Im Beneficiary to my deceased mother in law.
1) You mean JUST her life insurance then, right?
2) What company? Did GE actually issue it???
She has no other estate since she has been in a nursing home from 2005 to2012,but i am required to make out suragate papers?
3) Who is telling you this?
The amount is 5000.00,
4) Do you mean this is the policy amount on the life insurance?
5) What you are owed?
the county of origine required amt. is 30,000.00.
6) Required for WHAT?
So they want me to fill a paper calledsmall estate adm.-article 13 scpa.
7) Who wants you to do that, specifically?
Is this all necessary. The reason im asking is my son was benificiary of her husbands life insurance and he had no problem like this. Yes, this is strange. If you can answer the above questions, (please number you answers so I can make sure to match it up to the question).
Optional Information: State/Country relating to question: United States Already Tried: Ive called General Electric and they told me I have to go through Surrigate.
8) Do you mean surrogate's court?
------ Please note that I have not yet answered your question. That is because this is one of those times where additional information is necessary or prudent. I have requested this additional information from you in order that a most thorough and accurate answer may be provided and I look forward to your response. In the meantime, I will be researching any related issues as necessary for that thorough answer, to ensure that there are no recent legal changes that could effect my answer, as well as drafting portions of the answer for you. Thus, if you don't see my response right away, after you provide your reply, please don't be concerned. Once I respond, you should be getting an email notification (or other) so you can come back and receive that answer. Thank you, XXXXX XXXXX look forward to assisting you. Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and and better pursuing the details you need. PLEASE ALSO KNOW THAT ANY ANSWERS FROM ME ARE POSTED ON THIS SITE AND NOT EMAILED TO YOU. I DO NOT KNOW YOUR EMAIL AND WILL NEVER EMAIL YOU MYSELF.
#1Yes,her Life Insurance. #2Met life,but GE willnot forward the ok for them to pay it to me. #3 GE. #4Yes,5000.00 Life Insurance. #5 Yes. #6For it to go to Surigate Court. #7GE. #8Yes,but if the county she deceised in only has to have at the least 30,000.00 estate.(Which she was in a nursing home,therefore no estate).Theyhave whats called Small Claims Administ.-Article 13 SCPA.And still needs to be filed in court,before they will ok it.??
How is GE involved? Is not the contract between your MIL and MetLife?
The insurance was through my fatherinlaw(deceased4months befoe) who bought it through GE for my mil.So somehow it goes through GE 1st then gets ok'd to go to MetLife to get processed.
OK, so the insurance is owed to your MIL's estate. How do YOU get it? How did that happen?There is no Will, so your MIL didn't leave her estate to you. How did you come to believe you are her beneficiary?
we had it notorized while she was alive in Nursing Home
Had what notarized?
The change of Benificiary from my fil to me.
OK, I am sorry - you are saying that your father in law had a policy where he left life insurance to your MIL. Then he died, right? And before the policy was paid to her, she passed away, right?
No.My inlaws each had there own.But because he was in Nursing home(her too) They desided to change the benificierys. My fil was my son. My mil was myself. These were noterized and returned to GE.
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I talked to Met life,they said it was through an Employer they bought the insurance not a personal to metlife so they could not help. I just dont understand,when they went into the Nursing Home they had toget rid of their car nhome so there was no estate the money they received went to the Nursing Home except Life insurances???
I talked to Met life,they said it was through an Employer they bought the insurance not a personal to metlife so they could not help. I just dont understand,when they went into the Nursing Home they had toget rid of their car nhome so there was no estate the money they received went to the Nursing Home except Life insurances???Life insurance goes to the Beneficiary noted by the Policy - it does NOT go creditors to whom the insured person owes money. Did you ask MetLife why they paid your son directly but not you directly, if you both are in the same position legally, vis a vis the employer?
Experience: 19+ Years of Legal Practice in Estate Law.