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Justwaitin
Jun 17, 2015, 01:07 PM
My mother passed away a month ago. There were 2 POA's, one was never acknowledged by the first one. The Executor of the willed estate is the husband of one of the POAs. I already know that some illegal things have been done with Mom's assets. It's felt by the other POA and spouse (executor) that I don't deserve what Mom wanted me to have because I am disabled (car accident). Family issues are a long story.. very viscious. I'm supposed to get 1/2 of Mom's life ins. Plus half ownership in a house (no mortgage). It's been a month since Mom passed and I can get no info from the executor. The last we spoke he had not been sworn in yet. My understanding is that Life Ins. Proceeds don't have to go through probate and can be dispensed immediately. I don't know exactly how the beneficiaries are listed on the actual policy, but it is spelled out in the will how it is to be given. What rights do I have to get the executor to discuss with me getting what was meant for me? I'm fearing that in some way the other POA may have done something to take away benefits meant for me. What do I do?

Fr_Chuck
Jun 17, 2015, 04:37 PM
First, after death, there is no POA. A POA ends at the moment of death.

On life insurance, the company can only pay, exactly as it is written on the will. If it lists specific people, those are who will be paid. If it says estate, it is just paid to the estate.

If they will not give you the correct information, have they filed a claim in probate yet? You may have to hire an attorney to demand that you are provided with all the information and move it into probate.

joypulv
Jun 17, 2015, 04:46 PM
Life insurance policies are apart from wills and by their very nature have a beneficiary or more than one. The executor sends a copy of the death certificate to the insurer. The funeral director may or may not be the one who got some, all notarized, for a fee, or the executor gets them.
If you live near the probate court, bring ID and some good proof that you are a child of the deceased and ask about the appointment of executor, if done.
Probate moves slowly - months, even years! Insurance moves in weeks, maybe 2 months tops, unless there is a special concern.

AK lawyer
Jun 18, 2015, 06:29 AM
A power of attorney is a document. The person named in a POA is the "attorney-in-fact". As Fr Chuck has indicated, a POA doesn't survive death, but it is possible that one or other of the attorneys-in-fact did something before the OP's mom died. In any event, the life insurance policy can name OP as beneficiary (in which case it wouldn't go through the estate), or the estate itself could be the beneficiary. OP needs to contact the insurance company and find out.

The person named as personal representative cannot do anything except file the probate petition until letters testamentary are issued. Then, the PR would sign the oath and send out notices to creditors. There is a lengthy period (some months) following that in which nothing can be done regarding distribution of the estate (the half interest in the house and (possibly) the life insurance proceeds). Then, if there are any assets left after payments to creditors, OP would be entitled to his/her bequest.

ScottGem
Jun 18, 2015, 06:53 AM
First, my condolences on your loss and the nature of your family.

Do you know the issuer of the life insurance policies? If you do and you believe you were a named beneficiary on any policy then you can contact the issuer directly and put in a claim for your benefit. This does not have to be done by the executor of the estate. You will probably need to provide proof of death. On the flip side of this, the executor can't monkey with the proceeds of life insurance, the issuer must pay directly to a named beneficiary. Also, the will doesn't dictate distribution of the insurance proceeds unless the beneficiary is the estate.

Second, it doesn't matter what the executor, any family member or you think you deserve. What matters is what Mom put in her will, or, in the absence of a will, what the laws of inheritance for your area say. Do you know that mom left a will?

I will say that a month is a very short time for probate to be established and an executor approved by the court. I would check to see wehter probate has been filed for and the status, then you can demand an accounting of the estate.

However, if a POA looted the estate before her death, that will require some detective work to prove and a possible lawsuit. You will need an attorney for that.