Chicago, IL asked in Insurance Bad Faith, Insurance Defense and Probate for Florida

Q: What do i need to proceed - Not a beneficiary but father has life insurance

My father passed away, i am not the beneficiary. He had a life insurance plan i believe, i have a death cert. but thats it.

3 Lawyer Answers
Evelyn Suero
Evelyn Suero
Answered
  • Probate Lawyer
  • Miami, FL
  • Licensed in Florida

A: My condolences for your loss. If the estate is the beneficiary of the life insurance policy, you will likely need probate administration. Consult with a probate attorney in the state where he resided for more information.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Probate Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Very sorry for your loss and the passing of your father, please accept my condolences and sympathy for you and you your family at this difficult time. If this is in the State of Florida you will need to speak with and use a Florida Probate Attorney in most all instances, the type of probate that will be required will be determined by the type of assets and their overall value that have to go through probate and whether there was a Will or Trust, if neither exists then the Florida Intestate Statutes (without a Will) are going to apply. Life insurance policies are usually listed with a beneficiary/beneficiaries and upon death will be paid to the named beneficiary once you can provide a death certificate and complete the paperwork for the life insurance company. If there is no named beneficiary then it becomes part of the probate estate along with any other assets in your father's name alone that will have to go some version of probate. Most of these things can usually be handled via e-file as are most things in courts so you can likely handle everything from afar if you are not in the State of Florida. A good starting point would be to have a copy of the Will (if there is one) reviewed and contact a probate attorney in the state where your father lived, You should also try to contact the life insurance company to find out who the named beneficiary is and to find out what they require and need to be submitted. Important factors for the probate will include whether there is a surviving spouse, children under 18, was there a Homestead Property amongst other things.

Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: If you were the beneficiary of the life insurance policy, you need only contact the insurance company to get started. Otherwise, you will probably need to talk to a probate attorney to determine if you are entitled to claim anything from his estate

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