Owners, Beneficiaries, and Insureds

[shonceman]

Not sure it is legal for the death certificate not to be filed..

No, it's not. But the law gives a pretty long time to get it filed in Texas. I think it's a year. So the FH can hold out for quite a while. I think that may be because of cases just like this one.

I really don't understand how the guy got them to do the funeral without payment of any kind. Most funeral homes around here won't do anything without cash in hand or a policy that they've verified with the insurance company.

In any case, there was apparently bad blood between the family members already. Cutting the granddaughter/beneficiary out of the process didn't help.

 

[shonceman]

No, the 10k policy wouldn't be involved in probated estate of grandaughter was direct bene on the policy. I assume Tahoe Raye meant executor of her probate estate of credits & any house/assets, etc

This was a lady living on Social Security in an inner city apartment. As far as I know, her estate would have consisted of whatever sticks of furniture she may have owned.

Actually, family drama around funerals is something I've gotten used to. Not even a little bit unusual! But I honestly can't remember any other claim problems with a single policy that I've written. Even my contestable claims nearly always get paid! (We'll probably get this one paid, too. Just may take a while!)

 

[Tahoe Ray]

Not sure it is legal for the death certificate not to be filed..

That's why I was asking about the executor. They should be able to compel the FH or the county clerk's office to produce one.

No, it's not. But the law gives a pretty long time to get it filed in Texas. I think it's a year.

So is she going to get SS checks for the next year? This sounds crazy.

 

[shonceman]

That's why I was asking about the executor. They should be able to compel the FH or the county clerk's office to produce one.



So is she going to get SS checks for the next year? This sounds crazy.

I just looked it up to see if I was right about the time frame for DC filing. Apparently, Texas law changed 2 years ago, and requires the funeral home to file a death record within 10 days. (Or I could have just been mistaken about the year!) It's been a couple of months, so either the funeral director is just not releasing the DC to her, or he's broken the law without realizing it! I personally helped her file a request with the state, but she was notified that no such record can be found, which leads me to think that the FD never filed.

As far as I know, nobody is receiving her SS checks. But that would open a whole other can of worms, wouldn't it? (It also wouldn't be the first time I've heard of such a thing!)

 

[Allen Trent]

I just looked it up to see if I was right about the time frame for DC filing. Apparently, Texas law changed 2 years ago, and requires the funeral home to file a death record within 10 days. (Or I could have just been mistaken about the year!) It's been a couple of months, so either the funeral director is just not releasing the DC to her, or he's broken the law without realizing it! I personally helped her file a request with the state, but she was notified that no such record can be found, which leads me to think that the FD never filed.

As far as I know, nobody is receiving her SS checks. But that would open a whole other can of worms, wouldn't it? (It also wouldn't be the first time I've heard of such a thing!)

Yikes, I know with Covid DC are taking a bit longer, especially when resources are being allocated to go look at old DC for more probable cases.

 

[Life Hawk]

I just looked it up to see if I was right about the time frame for DC filing. Apparently, Texas law changed 2 years ago, and requires the funeral home to file a death record within 10 days. (Or I could have just been mistaken about the year!) It's been a couple of months, so either the funeral director is just not releasing the DC to her, or he's broken the law without realizing it! I personally helped her file a request with the state, but she was notified that no such record can be found, which leads me to think that the FD never filed.

As far as I know, nobody is receiving her SS checks. But that would open a whole other can of worms, wouldn't it? (It also wouldn't be the first time I've heard of such a thing!)

Might want to fax a copy of that law to the FH. However, will the granddaughter have a right to request a DC? I have had a few instances in the past when some folks could not request a copy of the DC due to not being a family member or a close family member.

She may need to make a written appeal to the state agency that oversees FH activity in your state.

Love to know how you resolve this one.

... family can be a real pain in the butt, why do they have to be this way at time of death. Makes me so mad I could spit!

 

[WinoBlues]

I assume you mean estate of insured, not estate of beneficiary

That is a Horse of a different color.

Example :
Primary = Johnny Smith, son, 50% and Suzy Smith, daughter, 50% vs
Johnny Smith and Suzy Smith Equally or the survivor. Now Johnny dies before Mama Smith and no change of bene done. By the way, Johnny is separated from that cheat'n two-timing Candy Smith.

Who get's Johnny's 50%

Amazing how many added sales & referrals can come from helping someone discover their policy bought when they were 9 years old still has the deceased mother & father as beneficiaries or their ex spouse

Sheesh ... That is a huge secret

Yikes, those are always terrible to hear about & far too common in terms of the resentment.

very common

So is she going to get SS checks for the next year? This sounds crazy.

In some states She would still be able to vote for yeras.

 

[Life Hawk]

In some states She would still be able to vote for yeras.

Especially in IL!

 

[rousemark]

That is a Horse of a different color.

Example :
Primary = Johnny Smith, son, 50% and Suzy Smith, daughter, 50% vs
Johnny Smith and Suzy Smith Equally or the survivor. Now Johnny dies before Mama Smith and no change of bene done. By the way, Johnny is separated from that cheat'n two-timing Candy Smith.

In the second instance, the estate of Johnny Smith would receive the payment and then it would be dispensed according to his will or the the states intestate rules. The fact that Johnny and Candy are separated would not prevent her from claiming it as his wife if they were not actually divorced. That is the reason I always list beneficiaries by name and then add "share and share alike, 100% to the survivor.

I have only had a couple of insureds that wanted a per stripes designation in the last 50 years..

 

[Tahoe Ray]

I have only had a couple of insureds that wanted a per stripes designation in the last 50 years..

Yep...per stirpes vs capita. There are a lot of carriers that don't even want to administer per stirpes because a child can come out of the woodwork and make a claim after all benefits are paid.