SIRKINLAW.COM ®

818.340.4479

PROBATE SPECIALIST ATTORNEY

LOS ANGELES


LIFE INSURANCE INTERPLEADER DISPUTE LOS ANGELES

WHAT IS A LIFE INSURANCE INTERPLEADER ACTION?

An interpleader action is a lawsuit filed by a life insurance company which is faced with a dispute between two or more claimants of a life insurance policy benefit.   This is also true of annuities payable at death.  If the insurer is uncertain as to who the true beneficiary of the policy is, then insurer requests that the policy proceeds be interplead in court (money is actually deposited with the court) and that the claimants litigate against each other without the involvement of the life insurance policy.   At the end of the interpleader action, the court will then award the policy proceeds to its rightful owner.


WHAT TO DO IF YOU ARE NAMED IN AN INTERPLEADER CASE?

You should immediately contact an attorney to advise you of your rights.   There are very strict and short deadlines for you to act once an interpleader has been served on you.   


WHAT TO DO IF A MINOR IS ENTITLED TO BENEFITS UNDER A LIFE INSURANCE POLICY?

Minors cannot claim insurance policies on their own as they do not have legal capacity to claim them.   In order for a Minor to claim a life insurance policy, a Guardian of the Estate of the Minor has to be appointed by the probate court.     A parent or any relative can petition the court for appointment as a guardian.


In an interpleader action, a Guardian Ad Litem may be appointed in an emergency to respond to the pleadings while a Guardian of the Estate is being appointed.    We can assist you in being appointed as a guardian.


WHO CAN CLAIM LIFE INSURANCE PROCEEDS FOR A MINOR?

A Guardian of the Estate may claim a life insurance for the benefit of the Minor.    In rare cases, where a policy names a custodian for the minor, a Custodian can claim the policy proceeds.     

WHAT DOCUMENTS DO YOU NEED TO CLAIM A LIFE INSURANCE POLICY?

1. Obtain two Certified Death Certificates of the insured.

2. Obtain a claim form from the life insurance company.

3. Submit the Death Certificate and the Claim Form to the life insurance company.


If an interpleader action is filed and there is a dispute between two people claiming the policy, call our office to guide you with your interpleader response.   Call 818.340.4479 for a Life Insurance Interpleader Attorney in Los Angeles.

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