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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 6915
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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My father just passed away and I always new he had an insurance

Customer Question

My father just passed away and I always new he had an insurance policy . Well I've been unable to find any record of it . Although my grandmother says she has the policy and when I send he the death certificate she'll split the death benifit with me . The only reason why I'm questioning anything is that she refuses to share the name of the company and she's said things "like well we'll see if it's anygood"and as soon as I get what I need out of it " . My father has had a resentment towards her for not doing what everyone else thought she should of done regarding his own inheritance from when is father passed . So should I get a lawyer .
Submitted: 9 months ago.
Category: Legal
Expert:  ScottyMacEsq replied 9 months ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation, and my condolences on your loss. You're the best one to gauge the relationship between your grandmother, your father, and you. If you feel that there's true resentment and you feel that there might be some sort of fraud, etc... perpetrated by her, then that might be a good reason to get a lawyer. Furthermore, if she's in possession of documents that belonged to him at the time of death, she does have an obligation to turn them over to a legally designated administrator / executor of the estate. If he didn't have a will at the time of death that designated an executor, or you are that executor, you would be "first in line" to serve in that role. But you would still need to file for probate to actually "force" her to turn over any documentation that she does have. Now as a practical matter, if you're the only beneficiary (or the first beneficiary) of the life insurance, only you can claim it. You can "agree" to split it (just don't have it in writing) and then claim duress if she actually comes after you for the split. She can't claim it if she's not the beneficiary. If there's no listed beneficiary, then probate would have to be opened anyway to designate an executor / administrator that would then be able to claim that amount. IF you can't work it out on your own without a lawyer, you'd need to get one. Now one need not be a lawyer to serve as an executor, administrator, or guardian. However, the executor, administrator, or guardian must be represented by counsel. As executor of a decedent’s estate, you don’t represent only yourself. An executor represents the interests of beneficiaries and creditors. This responsibility to act for the benefit of another is known as a fiduciary relationship. It gives rise to certain legal obligations and responsibilities that require legal expertise. The attorney you hire represents you in your capacity as executor and assists you in representing those for whom you are responsible. The only proceedings you can handle as a pro se are those in which you truly would be representing only yourself. For example, a pro se applicant may probate a will as a muniment of title when he or she is the sole beneficiary under the will, and there are no debts against the estate other than those secured by liens against real estate. This procedure can be a viable option in some situations, but not in others. That being said, you need to contact other attorneys in your area that deal with probate cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 9 months ago.
Did you have any other questions before you rate this answer?
Expert:  ScottyMacEsq replied 9 months ago.
Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)
Expert:  ScottyMacEsq replied 9 months ago.
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!
Expert:  ScottyMacEsq replied 9 months ago.
Did you have any other questions before you rate this answer?
Expert:  Irwin Law replied 9 months ago.
Are you still seeking an answer to your basic question about grandmother holding onto an insurance policy?

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