My Mother passed away in Feb 2016 leaving no assets, but quite a lot of debt. She was divorced; had one child by her second husband (me); she had one brother, (to whom she did not speak); and was predeceased by both of her parents.
...I am also wondering how accidental death insurance policies work. I am almost certain it does not apply, but I haven't got her actual cause of death back yet, the death certificate I have just says pending for a cause. (The mortuary said it would take 3 months to find out.)
Thank you for you time...
You don't have to prove it. Unless someone else comes forward, you're 'it' by default.
Regarding the insurance, if the cause of death is determined to be an accident, then you make a claim to the insurance company.
This reply is made in response to a question posted on a public message board. This response is for general information only. This response does not create an attorney-client relationship. You have not hired the responding attorney and the responding attorney has not agreed to represent you.
I'm very sorry for your loss. Handling debts and assets after someone has passed on can be enormously stressful, particularly when you are already dealing with the challenge of upheaval in your family.
The folks you are talking to are generally going to want to see court orders that give you power over your mother's affairs. Depending on the size of her estate, there are a number of different approaches you could take (for small estate values you can often avoid many steps). Your best bet is to contact an attorney who has a background in probate . They can look at the specific facts of your mother's case, advise you on the most advantageous course of action, and help guide you through the process.
Nothing contained here is legal advice, is intended to be legal advice, or should be used as legal advice. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice only in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services.
Trying to read between the lines . . . that's one reason why a face to face consultation with a lawyer is far better than trying to do Q&A on the interent . . . but here we go. It seems that you're thinking that if your mother's cause of death turns out (on a death certificate) to be accidental, that she has an accidental death insurance policy or benefit, and you're wondering how you'd prove that you're the person entitled to the benefit. Right? If so, the answer is that you'd have to have a Probate Court provide a Court Order showing that you're your mother's only "heir" (that is, next of kin). The insurance company will likely not pay any money to anyone until it receives that Court Order. Hope that helps, and I hope I got to the real reason behind your question. I'm sorry about your mother's passing.
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