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MIAMILAW1127, Lawyer
Category: Legal
Satisfied Customers: 755
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 year ago.
Category: Legal
Expert:  MIAMILAW1127 replied 1 year 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.

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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 year 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 year 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.