What kind of attorney should i be looking for to help with estate affidavit?


My dad passed away in 2006 and apparently had a life insurance policy. My aunt found it recently last year and send me the policy number and company that held the life insurance. I was told i will have to do a transfer of ownership for the policy in order to keep or cash it out. The problem is they are requesting his death certificate and a small estate affidavit based on the county he lived in.  Is it gonna take a long time for me to go through the process?


If there is a life insurance policy based on your father’s life, the pay out to the beneficiaries occurs when the life insurance company receives notice that the death occurred. A probate is not required for life insurance proceeds to be paid to the beneficiaries. That is the entire point of having beneficiaries.  The only time a probate is opened is if a beneficiary that is listed on the life insurance policy has died. You should call back to the life insurance company and talk to a different representative because something doesn’t add up.

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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate administration attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

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