Dallas, TX asked in Insurance Bad Faith and Probate for Texas

Q: Life Insur: Insured died in Oct 2021. One of the beneficiaries started the claim process in Jan 2022, but didn't finish

before passing away in Feb 2022. Prudential is telling me (her Executrix) that even though she started a claim and outlived her father, her estate is not eligible for the proceeds because the 1992 policy had an "automatic mode of settlement" that paid only the 3 living persons.

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1 Lawyer Answer
Ross F. Tew
Ross F. Tew
  • Probate Lawyer
  • Arlington, TX
  • Licensed in Texas

A: I expect the answer to your question lies within the language of the insurance policy itself. You would need to meet with an attorney and have him or her review the documents in question. If you are on good footing and the insurance company is in the wrong, then you will probably need to open an administration of the deceased beneficiary's estate through the probate court and have a qualified person appointed as administrator or executor in order to pursue the estate's claims against the insurance company.

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