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Daniel Solutions
Daniel Solutions, Lawyer (JD)
Category: Legal
Satisfied Customers: 9934
Experience:  Practing General Attorney,
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My dad died without an will and my power of attorney ceased.

Resolved Question:

My dad died without an will and my power of attorney ceased. Now i need to know what to do to handle his estate. The only survivor is my brother Nolan and I. We do not knows where he at. My father has two insurance poilcy one from his job of 33 years before he retired in 1996 and another policy from metlife. The insurance company are rufusing to give me any information on the policy. I need to know what to do or what papers i need to file and how to go about handle all this. I do not have any money to hire a probate attorney. Also his accounts has being frozen with delta credit union where he worked for 33 years.
Submitted: 7 years ago.
Category: Legal
Expert:  Daniel Solutions replied 7 years ago.
The life insurance policies pass outside of the probate estate. If you send a copy of the death certificate to the insurance companies they will pay the named beneficiary on the policy. If there is not names beneficiary on the policy then the insurance funds will go into the probate estate to be divided between you and your brother. You may be able to file a Small Estate Affidavit. You may be able to obtain the Affidavit from the court but I dont believe they have the form in which case you can purchase the form from a local legal form store or one of the many online legal forms websites
Customer: replied 7 years ago.

you did not answer my question about the frozen account. Also i am a little confuse about the insurance polices pass outside of the probate estate could you explain that to me in more details.

Expert:  Daniel Solutions replied 7 years ago.

I'm sorry for the confusing but I did answer the question. Let me attempt to just focus on that one issue. You can not access the frozen account until you probate the estate because you lack legal authority until you produce an order from the court saying you have authority to access the account.

Regarding the insurance policy you may or may not be the named person to receive the money and you will not find out until you either provide a certified death certificate or probate letter from a judge.

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