[WSBAPT] Access to life insurance documentation

[Eric Nelsen]

Hi Rob--

 

With no probate started, anything you do will require a cause number.
Probably easiest to file a TEDRA action and proceed with discovery. If
stepdad won't disclose even in response to discovery, I'd suggest doing an
asset search on him, find his bank accounts and subpoena bank records to
look for deposits. 

 

There are also some online companies that can do life insurance policy
searches. I don't know how comprehensive they are or how much they cost,
or if they can even locate a policy that has already been cashed in, but
it's another avenue to explore if litigation is not in the client's
budget.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Rob Tulloch
Sent: Monday, March 10, 2014 9:20 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Access to life insurance documentation

 

I am involved in a matter in which the surviving spouse refuses to provide
documentation as to the beneficiary(ies) of a life insurance policy on the
life of the decedent spouse.  The Will has been filed, but there is no
probate based upon surviving spouse’s assertion that all assets have
passed to him outside of probate.  The surviving spouse is the named
personal representative.

 

I represent an adult child of the deceased spouse (no surprise she is the
stepchild of surviving spouse) who was told by her mother, less than a
month before her mother died, that her mother’s children were the
beneficiaries of the life insurance policy.  However, my client has not
physically seen the life insurance policy, did not see the beneficiary
designation, and does not know what company issued the policy.  

 

Our request to examine a copy of the beneficiary designation documentation
(which the stepfather says now names him) has been rejected.  Any
suggestions as to how to force disclosure?

 

Thank you for any insights.

 

Rob Tulloch

Port Angeles

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author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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