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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.
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Jessica
Consultant
Debra, Expert
Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
Debra, Expert
Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.
Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!
Debra, Expert
I know your question is important to you and I will be giving it the time and attention it deserves.
I am sorry for your loss and to hear of this difficult situation.
What form do you mean?
Debra, Expert
Did you show the paper to the insurance company and they said it was not good enough since your dad never submitted it?
Debra, Expert
I don't believe they can accept it. How would they know whether your dad meant to send it in or changed his mind.
Unfortunately, without substantial proof of his intention I think you are going to be stuck.
Do you see what I mean?
Debra, Expert
There is a will then the will governs. If no one was appointed as executor in the will then one of the beneficiaries has to apply to administer the estate.
If there is no will then if there is a legally married spouse they inherit a good part of the estate and the kids inherit as well.
Common law spouses do not inherit if there is no Will.
Posting on facebook does not count as a will.
Debra, Expert
The next of kin is set by law.
As I explained, if there is a legally married spouse they inherit a good part of the estate and the kids share in it as well.
One of the beneficiaries should apply.
A facebook message is not a Will.
Debra, Expert
The life insurance does not form part of the estate unless it says the beneficiary is the estate.
The next of kin is the spouse. If there is no spouse it is the kids. If there are not kids it is parents, and then siblings etc.
The life insurance goes to whomever is listed as the beneficiary.
Debra, Expert
The estate is everything they owned.
No there is no way to fight someone who is designated as a beneficiary.
Debra, Expert
Yes really.
Then that is the estate.
Debra, Expert
The law is clear. He had to leave a will and change the beneficiary.
Debra, Expert
No the person he chose gets to take his money. It's not fair to you but it was his mistake I suppose.
Debra, Expert
It means a lot but just doesn't apply in your case.
In your case your father failed to change the beneficiary.
In the case you were reading about the man changed the insurance policy's beneficiary unlawfully because his former wife was promised the insurance benefits and she paid the premiums instead of him paying them.
Debra, Expert
I am really sorry this happened to you.
Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.
Debra, Expert
If you have a new question then you can start a new post, from scratch. It won't cost you anything and it allows me to be paid again. We just get paid once per post. So all this time I got paid one fee at the start and then all the rest is for free.
Debra, Expert
If you want to start a new post you can do so here:
Debra, Expert
Anytime.
Debra, Expert
Anytime.