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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 3201
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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My dad passed away and his wife will not give me and my brother

Resolved Question:

My dad passed away and his wife will not give me and my brother 2 of the 4 life insurance policies that were left for us. We are the beneficiaries and she will not give us any info on the last 2 policies. What can I do legally?
Submitted: 9 months ago.
Category: Estate Law
Expert:  LegalGems replied 9 months ago.

LegalGems :

Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction! I am sorry to hear of this. The good news, however, is that the life insurance company will only issue the proceeds to the listed beneficiaries. The company will notify the beneficiaries if they have their contact information. If not, the beneficiaries can contact the company, providing proof of death (certified death certificate) and proof of their identity. If the wife is the only one with this information, you can bring a motion in court for her to disclose this information to you. If she is executor/personal representative, her reluctance to voluntarily disclose this would generally be looked upon with disfavor by the courts, and could result in her losing that position, since that position requires a person to act in good faith and uphold their fiduciary duties to the estate/heirs.

Customer:

So I have to go to a court in Yorktown VA. and file a motion? and will I need an attorney for this or can I do it alone? I know she cannot do anything with the policies...it's just frustrating that she wont release them. What is the name of the motion that I need to file?

LegalGems :

A standard Motion to Produce/Compel (but modified so it deals with this specific situation). For these type of cases that require a hearing - it's basically a request for specific performance- it needs to be heard in general civil, so it is best to hire an attorney. You would need to file it where she lives. You may want to first have an attorney draft a demand letter, stating that they will be requesting attorney fees and costs if she continues to unreasonably withhold this information; as that may save you the expense/hassle of filing a suit.

Customer:

Also do you know if the my dad had a will in Virginia....is it now public record....I figure all states are different.?

LegalGems :

You would want to check in the county where your dad last resided - and it should be on file there. (circuit court). I'm going to link you to a brochure I think you'll find helpful, so you can better deal with this process. http://www.courts.state.va.us/courts/circuit/resources/probate_in_virginia.pdf

Customer:

Awesome thank you so much for your help I am going to contact an atty in his area now regarding a demand letter? I hope they arent too costly.

LegalGems :

They generally can do a basic demand letter for $150-200; check around for prices (and reputation). This type of formal letter usually gets results because the recipient will bring it to her attorney and her attorney will advise her of her duties.

Customer:

ok thank you again for the wonderful advice !!!

LegalGems :

You're very welcome. Glad to have helped. Hope this goes smoothly for you and your brother.

LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 3201
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
LegalGems and 3 other Estate Law Specialists are ready to help you
Expert:  LegalGems replied 9 months ago.
I wanted to be sure and thank you for using JA/Pearl.

I hope you found the information I provided useful. Hopefully the spouse will release this information so you don't have to deal with it further.

If you would like to request me for your future legal inquires, please put TO LEGAL GEMS in front of the question, and I will do my best!
Take care.

Please be sure and complete the customer satisfaction survey the site will be sending you so that I can continue to provide affordable information to our customers. Thank you!

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