Florida Probate Litigation, Probate Disputes and Life Insurance Claims
Probate Disputes and Life Insurance
Florida Estate Life Insurance Claims
Our Florida life insurance attorneys can help with Estate life insurance claims throughout Florida, including all Florida state and federal courts. If the Estate may be a beneficiary to a life insurance policy in Florida, a Florida probate estate may need to be opened in order to collect the benefits, dispute a claim, or handle a Florida life insurance interpleader lawsuit. We often handle life insurance claims on a contingency fee basis, which means you may not have to pay us any money out of pocket in order to set up the Estate and assist with the Florida estate life insurance claim. Call our FL life insurance attorneys at the Law Offices of Jason Turchin today at 800-337-7755 or submit your life insurance question or case information online.
Types of Estate Life Insurance Claims In Florida
As Estate could be entitled to life insurance proceeds in Florida in many different ways, any of which could recover more money for the Estate.
Interpleader for life insurance benefits
An Estate may need to be opened to try and collect life insurance benefits if it is sued in a life insurance interpleader lawsuit in a Florida state or federal court. This type of claim is filed against an Estate when certain facts exist. For example,
When a life insurance company thinks the named beneficiary designation is invalid and there are no other beneficiaries
When all named beneficiaries and contingent beneficiaries died before the policy owner/insured
When there is no beneficiary listed on the policy
When an ex spouse is the listed beneficiary and there is no other beneficiary listed
When a beneficiary kills the insured on purpose, and there are no other beneficiaries
When there is a dispute as to whether the beneficiary or Estate is entitled to the life insurance proceeds
Whatever the reason, if you find out that an Estate is a party to a life insurance interpleader in Florida, you should contact a Florida probate attorney at the Law Offices of Jason Turchin as soon as possible. There could be a limited time to file a response in the lawsuit. If the tie passes, the claim could be barred forever and the money could go to someone else or be held by the insurance company.
All beneficiaries already died
If you have a life insurance policy where all beneficiaries died already, the policy may still pay out to the policy owner's Estate, usually the insured's Estate. If the policy was paid-up or paid at the time the person died, it may still apply. Just because the beneficiaries all died does not mean the policy dies too. If you find a life insurance policy in Florida where all beneficiaries died, we may be able to open an Estate in order to try and recover the benefits.
Claim delayed to obtain medical records on insured
Many life insurance companies will refuse to pay life insurance benefits when a person dies within two years of obtaining life insurance, under what they call a two-year contestability provision. It means that if a person dies within two years of getting life insurance in Florida, the life insurance company can contest the policy payout by investigating the claim to look for any inaccuracy or misrepresentation on the policy application. If they find any, they may try to deny the life insurance claim based on a material misrepresentation.
Oftentimes, the life insurance company may want to look at the insured's medical records in order to compare their illnesses or diseases against the medical questions and answers on the policy application. However, many doctors will not give the medical records without a valid HIPAA, or medical authorization. Under Florida law, a Florida Estate can be opened in order to have a personal representative appointed. The personal representative would then have the authority to sign a HIPAA to obtain the medical records.
Named beneficiaries may not be legally entitled to the benefits
Florida has laws which may deem the named beneficiaries as predeceased or not legally entitled to life insurance proceeds, even where they are specifically named. For example, Florida has a Slayer Statute which prohibits someone from collecting on life insurance benefits if they intentionally kill the insured.
Florida also has a divorce statute which generally prohibits an ex spouse from collecting life insurance benefits unless provisions were made in the marital settlement agreement. There are many exceptions under this relatively new, complex law, and a Florida life insurance attorney should review the facts of your case.
Who gets an Estate's life insurance benefits in Florida?
If an Estate collects life insurance benefits, the money that goes into the Estate is usually treated as an asset of the Estate. If the person who died had a Will, then the money the Estate gets may be distributed according to the Will. If the person did not have a Will, then the proceeds may get disbursed through the Estate under Florida's laws of intestacy, which is the schedule of who gets the assets when there is no Will.
Florida Estate Life Insurance Claim Attorney
Our Florida life insurance attorneys and Florida probate attorneys at the Law Offices of Jason Turchin can work to try and collect life insurance benefits on behalf of an Estate. whether you need to open an estate in Miami to collect life insurance, need a Broward life insurance attorney, a Palm Beach estate life insurance claim attorney, or an attorney in any city or county in Florida, call a Florida estate life insurance lawyer in our office at 800-337-7755 for a free consultation.
Contact Us Today For A Free Consultation!
If you have any questions about a life insurance policy and whether an Estate may be entitled to benefits, feel free to call us at 800-337-7755 for a free consultation. Our probate and life insurance attorneys work as a team to help get you the benefits you deserve.
We serve all of Florida, including Miami, West Palm Beach, Broward, Monroe, Davie, Weston, Tampa, Orlando, Pensacola, Naples, Coral Springs, Coral Gables, Pinecrest and more!