Where can I find out how to file an entitlement to life insurance benefits in court?

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Where can I find out how to file an entitlement to life insurance benefits in court?

My sister and I have a dispute about who is beneficiary of my mother’s life insurance benefit. My mother passed away in June. My sister was named beneficiary but she left my sick mother. My mother gave me durable and medical power of attorney and wrote a letter stating me as her beneficiary of life insurance. My sister has filed an entitlement to the benefits and the life insurance company’s attorney advise me to respond. I need to know how to file an entitlement to life insurance benefit in court by 11/21.

Asked on November 15, 2010 under Estate Planning, Texas

Answers:

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

Answered 11 years ago | Contributor

I am sorry for your loss and for your dispute.  The letter that was written, was it written by your Mother?  Was it sent to the insurance company?  What really had to be done was the filing of a new beneficiary form with the insurance company.  The insurance company has to follow the guidelines that they have in place for disbursing the funds.  The thing that you should do is to send a letter by certified mail to the insurance company indicating that you are filing an "adverse claim" to the proceeds on the policy and that you wish them to "interplead" the funds in to court.  then you need to go and get help from an attorney in your area.  I am unfamiliar with what you refer to as an "entitlement" but the attorney can file an interpleader against the insurance company as well.   Good luck.


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