Kansas City, MO asked in Civil Litigation, Estate Planning, Personal Injury and Insurance Defense for Nebraska

Q: Can my husband recover his life insurance funds cashed by his sister?

My husband's father passed away and left life insurance policies to his children, naming my husband as the beneficiary of his policy. Without informing him, my husband's sister, the executor of the estate, cashed in both their father's policy and my husband's policy. The life insurance company has refused to provide my husband with any information despite his beneficiary status, and four other siblings did not have their policies affected. Does my husband have any way to recover his life insurance policy funds, and how could his sister have managed this without his consent?

2 Lawyer Answers

A: If someone other than the beneficiary was paid the benefit, then you may need to file a court case. If there is a probate case open, you can likely bring your cause of action within the probate case. This could include filing a subpoena for more info.

Tim Akpinar agrees with this answer

A: If it happened in the very immediate past, sometimes the carrier could take action with the checks issued. For your question of "how," it would be helpful to examine the checks more closely. As for the policy, it's probably straightforward in designating beneficiaries. Good luck

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