How do I know if my father had a Insurance policy before he died?

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How do I know if my father had a Insurance policy before he died?

My dad passed almost 3 years ago. My stepmother did not waste any time going to get a lawyer. She claims there was no life insurance policy but my dad was a truck driver. I’m sure they required life insurance. He knew that he didn’t have long to live, so I’m guessing that he maintained the insurance. I need to know how to get this information as I do not have access to any of his personal information.

Asked on December 22, 2016 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The only way to get the information would be via a lawsuit, since in a lawsuit, there are legal mechanisms (e.g. subpoenas; written interrogatories or questions; requests for documents) that can be used to compel the provision of documents and information, from your step mother  or from insurers. You would have to sue your stepmother on the basis that you believe that she has wrongful withhold money which you would have interited. You are advised to retain your own attorney, since procedurally, this sort of claim is more complex than the typical small claims case in which you could represent yourself...and if she has an attorney and you don't, you would be at a profound disadvantage.


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