Johnson City, TN asked in Estate Planning for Tennessee

Q: I need to know if my brother can keep me from my half of a life insurance policy left by my mom and dad

They have been dead for 8 years and he is trying to keep me from my part of it but I believe he has given my sister her part

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: If you were a death beneficiary for the life insurance policy, trying calling the life insurance company to inquire about your share. Normally, the life insurance company will issue one check to each named beneficiary, not one check to just one of them. But if by chance they wrote a check to all three of you, then it is possible your brother forged your name, which is a crime. If that is what happened, file a police report and also contact a civil litigation attorney to sue your brother for conversion/theft.

Anthony M. Avery agrees with this answer

Anthony M. Avery
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Answered
  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Unfortunately, both or either the criminal and contract statute of limitations may prevent any recovery. If you are able to have an indictment returned, then restitution may be a viable type of recovery. But waiting this long probably prevents any recovery.

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