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My father died unexpectedly a few months ago. Over the past…

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My father died unexpectedly...

My father died unexpectedly a few months ago. Over the past few years he has repeatedly told my brother and myself that he has a life insurance policy that upon his death was to be split between the two of us. Upon receiving the death certificate (I am his legal representative settling all of his affairs of this estate), I called the insurance company to start the process of processing his claim. To my brother and I's shock, they told us neither one of us are listed as the beneficiary. We have no idea who it is and the insurance company of course can't legally tell us. We do know that whomever it is has been in contact with the insurance company. I have sent an official letter to the insurance company and they have put the pay-out on hold and are sending us all letters to appeal or case. What points should I make in pleading that my brother and I have a right to the money? I was planning on using some of it to settle all of his accounts and finish up closing up all his business affairs. Is there any way for us to figure out at all who is the listed beneficiary. It is a head scratcher to the whole family!

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

He bought the policy in Washington State in 1989, it is a Veterans life insurance group policy. He died in Wyoming.

Lawyer's Assistant: What documents or supporting evidence do you have?

Just the original policy, however no space on there has a listed beneficiary. Just the different accounts of him telling my brother, grandmother, and myself of his intent.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He died from a fall walking home from a bar where he was drunk. The police investigated and didn't find any foul play, however my worry is that the beneficiary is someone listed at the bar that he was over-served at. I know it is a reach, but something that is going through my head.

Submitted: 1 month ago.Category: Legal
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Answered in 16 minutes by:
3/17/2018
Lawyer: Ray, Lawyer replied 1 month ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 46,307
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 1 month ago

Will they tell you if his estate is beneficiary.If that is the case you can make application for probate and have funds paid to registry or probate court.If it is another individual then regardless of what you were told it goes to the named beneficiary.I would call them back and ask if it goes to his estate, sd you would need to apply for probate if that the case.

In probate you and your brothers as nearest heirs would share the proceeds.See what you can find out and go from there.

I appreciate the chance to help you today.I wish you the best.

If you can positive rate 5 stars it is much appreciated.

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Category: Legal
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Experience: 30 years in civil, probate, real estate, elder law

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