What is the legal aspect of my Dad's company having different records of his life insurance policy than us?

Question

My dad died nearly 3 weeks ago, and his former company (a huge one) shows that he had no optional life insurance. Our records differ. Nobody can or will give us answers, and my brother is already ready to sue. Where do we stand? Thanks

I did not mention that I am the executor of his estate. He was getting deductions for the insurance taken out of his monthly pension checks. Also, they show that the payments were taken out until May of 2001. I asked where the authorization is that my Dad submitted to have the payments ended. They have nothing. I have a summary of benefits from 2001 that shows that he had the insurance-printed in December of 2001, and they tell me that the insurance supposedly ended in May? These two things don't fit together. Also, it is his company that needs to be contacted, as the insurance is directly through them, not an insurance company. They are supposedly the ones with all the answers, and I have gotten NONE. I'm losing my mind on this. My Dad saved everything-every designation of benificiary, every update. There is nothing to say that he cancelled his optional insurance. NOTHING.

Answer 1

It's unclear in the question, but if by "company" you mean employer, they don't matter.

You need to deal with the life insurance company on this one. Your dad's employer has nothing to do with it. Once you have the death certificate, this is an easy process. The life insurance company should be able to provide any additional information to the executor of the estate if necessary, but only after they have confirmed he is deceased.

Sorry for your loss.

edit: It's especially odd that they would continue deductions beyond the point they claim he was insured. As the executor of the estate, they should be able to explain this discrepancy to you. If not, my first stop would be your state's department of insurance then a lawyer.

Answer 2

Well, the executor of his estate needs to call the life insurance company, using "your records" to see what they say. It's highly possible that he either never took it, or has since let it lapse. Either way, ONLY THE LEGAL EXECUTOR OF THE ESTATE has a right to that information. They legally can't talk to anyone else.


Your brother needs to consult the lawyer. If there's no policy, who exactly is he going to sue? If the coverage was optional, and he wasn't employed by them at the time of his death, AND he didn't convert it, it cancels when he leaves employment!! It's not forever, ya know, someone has to PAY for it every year. THat someone would be your DAD. So again, the executor of his estate needs to go through all his cancelled checks, to see if he's been PAYING for it.

Answer 3

Send a copy of your records to your Dad's former company and ask them to provide you with written proof that discredits your proof within 14 business days. If they fail to comply, get a lawyer.

Answer 4

Get a copy of the records that they claim to have. The most current date is the one that is valid. If your dad changed the policy on his last renewal that would not be good for you guys. If they will not produce a copy then you will have to take it to court.