Q: Will I be able to claim an insurance policy for my deceased sister?
My sister passed away last year, as well as my grandmother. She had a life insurance policy through the Gerber Grow Up plan, which ended up being almost $30,000. My dad is the beneficiary, who has been homeless & a drug addict for over 10 years. We can't even get ahold of him to claim this, because he is living in a van. Is there any way someone could help me claim this? If he gets it, he will blow through it on drugs and possibly die. If not myself, could my mom claim it? She took care of us more than our dad ever did, my dad was hardly ever present & actually owed $20,000+ in child support, which he went to jail for. She also took care of all of the funeral costs to lay my sister to rest.
A: If your father is named as the beneficiary, he is entitled to it. However she may be able to obtain a writ of garnishment for the child support and then garnish the insurance proceeds (for $20,000 anyway) in the hands of the insurance company.
A:
This is an important situation which you and the family should look into immediately; but to do so will require the services of an experienced lawyer.
There are TWO immediate problems: (1) The insurance company will not give up the $30,000 unless you can prove a whole lot of stuff; and (2) Your father's status and physical whereabouts are NECESSARY to solve this problem.
You DO NOT need a trial lawyer; but you do need a very experienced banking and collections lawyer who can (1) try to locate your father--because he may be deceased--a fact which you will HAVE to know when trying to collect from the insurance company that insured your sister; and (2) who can deal with the insurance company--which will not give up the $30,000 willingly.
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