Union, MO asked in Probate for Missouri

Q: What all information needs to be included on a small estate affidavit that will be submitted to a life insurance company

My mom was listed primary beneficiary on my Dad's life insurance policies but died before receiving the payout. My parents did not have a will cuz everything was covered with beneficiaries and transfer upon deaths. Well except for inheritance of my Dad's life insurance money because we weren't expecting that. Now I'm fighting with Life insurance company trying to get my Dad's life insurance money so I can finish paying my mom and dad's final expenses. I have already submitted three affidavits - the first being affidavit of heir's and the other two being small estate affidavits. Every time they're legal department sends it back to me telling me that that is not sufficient and I don't understand why. Worked just fine for the other two life insurance companies but Ozark life does not want to accept it. Please confirm for me what all I need on this affidavit so I can quit fighting with this insurance company!

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1 Lawyer Answer
Lloyd M. Nolan
Lloyd M. Nolan
PREMIUM
Answered
  • Probate Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: A small estate affidavit should be sufficient for this purpose. By this I mean an Affidavit for Collection of a Small Estate that has actually been filed in the Probate Court of the County in which your mother was domiciled when she died. It should have a case number and be approved by the Court. I do not have all of the facts, but it sounds as though you have been through this procedure and that it has worked with other insurance companies. There are a number of reasons why the "legal department" of the insurance company is rejecting your request. If you have a Court Order that actually grants you the right to collect the proceeds of the life insurance policy, I can't imagine any reason that the Insurance Company would refuse to honor it. Something tells me that you may not have that. I sense that you are trying to do all of this yourself, but it would be a good idea to retain an attorney who is experienced in probate matters.

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