My mother died in Dec. My brother who has power of attorney said she had no life insurance. I believe she did. How do I find out if she did?

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My mother died in Dec. My brother who has power of attorney said she had no life insurance. I believe she did. How do I find out if she did?

Asked on June 3, 2009 under Insurance Law, Illinois

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If there is a will or a trust and the policy is mentioned in one or both of those documents, it should become evident that one exists.  Is your brother also the administrator or executor?  If he is, and there is a policy, he has a fiduciary duty to the beneficiaries to distribute the assets as your mother wished.  The estate would need to go through some type of probate (depending on the size of the estate) and the court will ask for an accounting of all the assets from the administrator.  If there is a life insurance policy, you should find out about it then.  The probate court's records are public documents.  If you find out there was a policy and can get the information regarding which company wrote it, all you need to do is call them and find out how to file a claim for benefits.


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