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MIAMILAW1127, Lawyer
Category: Legal
Satisfied Customers: 726
Experience:  Founding Partner at Moises Law, P.A.
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My mother (82 yrs old)received a life insurance check from

Customer Question

My mother (82 yrs old)received a life insurance check from my fathers policy for $146,000 2 1/2 years ago. last week she received a letter from Transamerica saying they made a mistake and she needs to send them a check for $55,000. Does she have to pay it back? Is there a statute of limitations in new York?
Submitted: 1 month ago.
Category: Legal
Expert:  MIAMILAW1127 replied 1 month ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The answer is that it depends on what happened, whose fault the mistake was, and if your mother should have know that there was a mistake. Also, you would need to look at what documents were signed (as far as a release, etc.) to determine what potential course of action is available to your mother and/or the insurance company.

Customer: replied 1 month ago.
My mother did not know about the policy. One of my father's colleagues gave her the number of the company (it was provided as a retirement incentive). She provided them with his SS # and what ever info they asked for and they sent her the check. so the fault was the insurance company. she probably did not make copies of what she signed. I will have to check.
Expert:  MIAMILAW1127 replied 1 month ago.

The documents she singed would essentially be the controlling documents. You would need to find those to determine what recourse the insurance company has.