My mother passed, she had life insurance on me; only child, my 2 kids are the beneficiaries and I do not have any documents of what this insurance is about. (I do remember that it had a cash value). The insurance company will not give me any information until i submit some type of document from the court. she took it out I think in 2005 and when leaving to Colombia in 2006 she asked my domestic partner, to take over the payments.
She did do a Power of Attorney but that no longer is active. Please advise.
It seems that the insurance is on your life, and your mother is or was the owner. So that means that the policy is now owned by her estate, and that the estate needs to be probated to transfer the ownership of the policy to your mother's heirs. If your mother had a will, that needs to be submitted to the court. If not, her estate will be distributed to her next of kin under the laws of the state of Florida, if that is where she resided.
If she died as a resident of Columbia, you may need to have the estate probated there instead of in Florida, and then do an ancillary probate in Florida. It would be much easier if you can claim that she remained a Florida resident. You need to hire a probate attorney for this matter.
I practice only in Florida. So my comments are only applicable to situations involving Florida law. In general, the laws of other states are similar, but there is no guarantee of this. It is advised that you consult a lawyer who practices in the state where the issues have arisen.
If there is no co-owner or beneficiary on the policy ( not on your life) then a probate will be required to talk with the insurance company. You or someone will need to be appointed as a Personal Representative to be able to communicate with the insurance company and make decisions about the policy.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
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