Are there any laws about the amount of time before I get the check for my father’s life insurance?

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Are there any laws about the amount of time before I get the check for my father’s life insurance?

My father died about 5 months ago. He had an insurance policy through his work. I am supposed to be getting it but they said they sent papers. I never got themand they won’t tell me anything. They say my dad’s lawyer knows everything then when I ask him he does not know anything and I don’t know what to do.

Asked on August 29, 2012 under Insurance Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.   Who said that they sent the papers?  The insurance company or the employer?  If you were named as the beneficairy under the policy then the paperwork should have come to you directly, not to the attorney for the estate.  The policy passes "outside" the estate meaning it is not included as an estate asset.  I would review the probate petition filed in Court (it is a public record) and then speak with an attorney about bringing an "interpeader" proceeding, which forces the insurance company to deposit the funds in to court until it can be determined who gets what.  Good luck.


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