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re: Life insurance question (regarding a deceased family member) need help

Posted on 4/7/22 at 8:21 pm to
Posted by LegendInMyMind
Member since Apr 2019
54634 posts
Posted on 4/7/22 at 8:21 pm to
quote:

It will have to the beneficiaries estate.

We were expecting the balance/remainder to go to the estate and the state having to be put through probate. We weren't expecting it to just flat not pay for the funeral.
This post was edited on 4/7/22 at 8:24 pm
Posted by La Place Mike
West Florida Republic
Member since Jan 2004
28834 posts
Posted on 4/7/22 at 8:27 pm to
quote:

We weren't expecting it to just flat not pay for the funeral.


Why should the funeral home have to wait for their money?
Posted by biohzrd
Central City
Member since Jan 2010
5604 posts
Posted on 4/7/22 at 8:30 pm to
Sue the shite out of them!!! It’s what we had to do with my fil..

Funeral services are being bought by hedge fund companies and the general public doesn’t even realize it.
Posted by LSUtiger89
Baton Rouge
Member since Dec 2007
3646 posts
Posted on 4/7/22 at 8:30 pm to
Def get an attorney!
Posted by the LSUSaint
Member since Nov 2009
15444 posts
Posted on 4/7/22 at 8:33 pm to
It goes automatically to next of kin. You do NOT have to have a named beneficiary. Although, next if kin of the beneficiary might be in play.

Im.licensed in LA. Where did this happen?
Posted by LegendInMyMind
Member since Apr 2019
54634 posts
Posted on 4/7/22 at 8:36 pm to
quote:

Why should the funeral home have to wait for their money?

I'm going to need you to pay attention. Or at least brush up on your reading comprehension.
Posted by hawgndodge
Member since Jun 2009
4759 posts
Posted on 4/7/22 at 8:37 pm to
Alabama i think is what he said. I have no history there. In Arkansas with state farm we would send it to the estate in this case.
Posted by LegendInMyMind
Member since Apr 2019
54634 posts
Posted on 4/7/22 at 8:39 pm to
quote:

Alabama i think is what he said.

Yes, AL.

quote:

In Arkansas with state farm we would send it to the estate in this case.

Would it pay for the funeral, at least? With the remainder being sent to the estate?
This post was edited on 4/7/22 at 8:40 pm
Posted by La Place Mike
West Florida Republic
Member since Jan 2004
28834 posts
Posted on 4/7/22 at 8:40 pm to
quote:

LegendInMyMind


Have you paid them yet?
Posted by LegendInMyMind
Member since Apr 2019
54634 posts
Posted on 4/7/22 at 8:41 pm to
quote:

Have you paid them yet?

Still struggling with that reading comprehension, huh?
Posted by La Place Mike
West Florida Republic
Member since Jan 2004
28834 posts
Posted on 4/7/22 at 8:43 pm to
quote:

LegendInMyMind


Can I see a receipt?
Posted by go ta hell ole miss
Member since Jan 2007
13654 posts
Posted on 4/7/22 at 8:43 pm to
quote:

We're in Alabama.


They are probably going to have to pay it to the estate. An outright denial is almost unheard of because there is no living named beneficiary. The first thing I would do if they denied my claim outright for that reason is send a letter to the company and agent stating denial of the claim is BAD FAITH as many times as I could squeeze those two words on the page.
This post was edited on 4/7/22 at 10:12 pm
Posted by LegendInMyMind
Member since Apr 2019
54634 posts
Posted on 4/7/22 at 8:44 pm to
quote:

Can I see a receipt?

I'm surprised you can even spell it.
Posted by Cajun75
Member since Mar 2022
605 posts
Posted on 4/7/22 at 9:00 pm to
quote:

hey are probably going to have to pay it to the estate.


THIS....I'm assuming your aunt was the Owner of the policy? If so, she would have been the only one able to sign the policy over to the funeral home. Since she was no longer living, that wasn't possible. They should send the whole amount to the estate if the policy was in good standing, and then the estate will have to be determined to see who is entailed. Hire a reputable estate lawyer who will tell you up front what he charges, and pay monthly payments to the funeral home since they gave you wrong information.
Posted by TDsngumbo
Alpha Silverfox
Member since Oct 2011
41669 posts
Posted on 4/7/22 at 9:13 pm to
quote:

they told her that the insurance wasn't going to pay because my aunt, "did not have a living beneficiary".

Either that’s a misunderstanding or the life insurance company is doing some shady shite that they’ll be forced to reverse. If there are no living beneficiaries at the time of death, the death benefit must be paid to the insured’s estate. Death benefit on a current policy at time of death is always paid out - either to living beneficiaries or the deceased estate.
Posted by LegendInMyMind
Member since Apr 2019
54634 posts
Posted on 4/7/22 at 9:15 pm to
quote:

and pay monthly payments to the funeral home since they gave you wrong information.

That's the disconnect in the whole thing. They should have known that was an issue. They certainly shouldn't have told them that everything was good and the funeral would be covered and paid for.

That's the only issue, really. We figured the remainder would go to the estate. If they had known the funeral wouldn't be covered, my Mom and aunt may have made some different choices in regards to the funeral.
This post was edited on 4/7/22 at 9:17 pm
Posted by TDsngumbo
Alpha Silverfox
Member since Oct 2011
41669 posts
Posted on 4/7/22 at 9:19 pm to
quote:

It goes automatically to next of kin

quote:

You do NOT have to have a named beneficiary.

quote:

Im.licensed in LA

I hope Jim Donnelon is reading this. Jesus Christ…


Nobody not named as a beneficiary is getting their hands on that money. The estate of the deceased will eventually be paid but unfortunately it’ll take an attorney’s help. The beneficiaries of the estate will be able to access the funds once the estate is settled. There is no “next of kin” involved in the payment of life insurance proceeds unless that next of kin is named as a beneficiary.
Posted by LegendInMyMind
Member since Apr 2019
54634 posts
Posted on 4/7/22 at 9:22 pm to
quote:

TDsngumbo

Would a probate lawyer be able to handle this? I ask because the guy we used for probate when my Pops passed was good and we like him. I really don't know.
Posted by IAmNERD
Member since May 2017
19289 posts
Posted on 4/7/22 at 9:23 pm to
quote:

We were able to just pay the funeral costs and deal with the insurance company via an attorney. It got worked out but it was a slow process.

My step father went through almost the exact same scenario when his mother passed. Also in AL.

She had a policy that named her daughter (my step father's sister) as beneficiary. His sister passed away about 9 months before his mom. His mom was very sick for about a year before passing and never updated the policy. He ended up having to come out of pocket for his mother's funeral expenses, but was reimbursed (plus the remainder of the policy) later on from the insurance policy. It took a while, but it wasn't 23 mo this. It was around a year if I recall.
This post was edited on 4/7/22 at 9:24 pm
Posted by TDsngumbo
Alpha Silverfox
Member since Oct 2011
41669 posts
Posted on 4/7/22 at 9:23 pm to
I’m not 100% sure but it damn sure wouldn’t hurt to contact him and see what he says. I am 100% confident that it won’t be paid to the “next of kin”, though. Don’t take any insurance advice from that guy. Ever.


Edit: unless he meant the next of kin in regards to the estate once the estate is paid. Hopefully that’s what he meant because if not, he needs to change careers.
This post was edited on 4/7/22 at 9:26 pm
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