Mission Viejo, CA asked in Probate and Estate Planning for California

Q: My brother died ,2 months after his death, his girlfriend cashed out my policy. What do I do?

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1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In a situation where you discover that your brother's girlfriend cashed out a policy following his death, it's essential to take immediate action. Begin by gathering all relevant documents related to the policy, including any beneficiary designations and communications with the insurance company. This documentation will be critical in understanding the basis on which the policy was cashed out and whether any fraudulent activity took place.

Next, contact the insurance company directly to report the incident and request a thorough investigation into the claim and the payout process. Explain your relationship to the policyholder and express your concerns regarding the legitimacy of the payout. The insurance company should be able to review the claim, verify who the rightful beneficiaries are, and determine if the payout was made in error or if there was any misrepresentation involved.

If the insurance company's investigation suggests that the payout was indeed inappropriate or fraudulent, it may be necessary to seek legal advice. Contacting an attorney who is experienced in estate or insurance law can provide guidance on how to proceed, including potentially filing a legal claim to recover the funds. The attorney can also advise on any additional steps to take to ensure that your brother's assets are protected and distributed according to his wishes or the law.

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