The insurance company is telling us that we must contact the courthouse for pursuing small estate proceedings. Is there any way around this?
If the insurance company is insisting that the life insurance proceeds are payable to your father's estate, then, sorry, there is no way around probate. You may be able to file a Petition for Summary Administration (for small estates) and ask the Judge to sign an order directing who should receive the proceeds. The probate process is supposed to ensure that all interested parties are included in the administration of the estate. I can assist you with the probate of your father's estate in any Florida County. Please contact my office if you would like to discuss in further detail.
I agree with the prior attorney. The reason that the insurance company is taking this position is that your father failed to name a beneficiary for the policy or that the person named is deceased and there was no contingent beneficiary named , or for some strange reason he named his estate as beneficiary. In most cases, as you now know, this is not the way to set up life insurance beneficiary designations.
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Estate Planning Attorney
Sorry-it sounds like it must go through probate. The good news is that it may go through a simple probate procedure called "Summary Administration".
Attorney Joe Pippen
Polk County Office 863-422-1370
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.