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Life Insurance Claim Denial

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  • 09-08-2009, 10:19 AM
    deftonius
    Life Insurance Claim Denial
    My question involves insurance law for the state of: North Carolina


    Here is the situation:

    My mother passed away and my father passed away 3 months later. Both of my parents had life insurance through my fathers employer. We were named beneficiaries on my fathers policy so we received that claim with just proving our identity to the insurance company. On my mothers policy my father was the only beneficiary. The insurance company sent me a letter that me and my brother had to provide them with estate papers showing we were executors of my mothers estate. We provided that information to the insurance company and now they are saying that was a mistake and they needed us to be executors of our fathers estate.

    This is becoming a fiasco and the insurance company is telling us we WILL NOT receive the claim without estate papers for our fathers estate. This does not seem right. The policy for my mother was through my fathers employer but it was for my mother. The insurance company is saying because the policy is through my fathers employer, they need paperwork showing we are executors of my fathers estate.

    My questions are:

    1. Since we are the children of the policy holder, wouldnt the claim automatically go to us if the only beneficiary is deceased and there is no will?

    2. If we are executors of my mothers estate and the beneficiary is deceased, would the claim not go to us anyway?
  • 09-08-2009, 07:19 PM
    Betty3
    Re: Life Insurance Claim Denial
    Your mother's policy proceeds will go to your father's estate if he was beneficiary & is now deceased. If your father had no will, the proceeds of his estate will be distributed as per the intestate succession laws of the state in which he died. Since your mother is deceased, the estate should go to his children equally. Probate needs to be opened for your father's estate if it has not already been done.
  • 09-16-2009, 02:47 PM
    deftonius
    Re: Life Insurance Claim Denial
    Thank you for the response but I am still unclear about one thing.

    Does this mean that after already becoming executor of my mothers estate I now have to become executor of my fathers estate as well?
  • 09-17-2009, 12:23 AM
    Betty3
    Re: Life Insurance Claim Denial
    Someone needs to open probate for your father's estate.
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