Login with your favorite social network:

[Cosgrove]

My huband was made beneficiary of 2 Metlife policies and of his cousin, Sam's will. Sam was retired and had been living in puerto rico for 15 years. He didn't have many friends and he was in ill health. He was being helped by people in the neighborhood who did chores for him. That arrangement was set up by a NY friend who wintered in Puerto Rico. We didn't know his friends. We spoke to him a couple of times a month and he didn't want to move back to our area(NJ).In Aug Sam wanted to go to Orlando to vacation. He was to call us when he got back home. He never called. We searched in vain. In Nov. we found an online obituary. saying he died 3 months before in Orlando well he didn't die there. Officials said not in Fla. On the will I found a witness name and friended her and she told me she just found out about the death. This woman who helped Frank at home told this person that Sam died in her arms and that she inherited everything. She never called the family, ever. She would not answer her phone or the house phone. When I called Met Life they said the benefit was paid out in Oct. They would not take any info from me they wouldn't tell me who got the money, nothing. I hired a lawyer in Puerto rico. Who said they are living in his house and that   the will my husband has in Sam's last will. This woman is living in his house took all of his posessions and took the MetLife insurance proceeds. The lawyer in Puerto Rico never helped. He told me if that woman took the money illegally she will have to pay it back. Don't worry.  He has no info to offer. Please Help. The lawyer went to the house and heard them talking, he called out but they didn't answer, so he never got there attention, questioned them, never got info, he  never said anything to them, just left. This woman pretended to be the wife to get the bank to pay the funeral parlor, because she couldn't write a check on Sam's account.  Please tell me what I should do....   Thank you Peggy

ANSWER: How do you know your husband was the life insurance bene?  Did the decedent tell hiim or did he see a copy of the life ins?  Keep in mind that only when there is no named beneficiary does the life ins get paid to the estate and if that happens, which is rare, then the will would control.

The will would not override what the insurance policy/ins co records show as the beneficiary.

Now on the will, did he change his will?  Do you have a copy of the orig will where your husband was to inherit?  If so, why not file probate proceedings with that will?  If you dont' have the original but a copy, then file a petition to admit lost will using your copy.

You can also get a death certificate; actually get several certified copies;  and just file a claim with met life for the death benefits & see what they say.  You may have to sue them if they won't tell you anything alleging that the benefits were paid out to the wrong party;  you need legal representation locally on this.  A lot of questions that need answering and this can't be accomplished by phone or over the internet.

I would minimize the minute details, though;  keep your story focused on 1) cousin died; 2) your husband was the named bene in the will 3) someone else claims the property and 4) the someone else has taken everything.  

If you start going into a lot of detail at the beginning your prospective lawyer will lose interest fast so keep focused on the big picture.  If more details are needed he'll ask.

Good luck!

---------- FOLLOW-UP ----------

Thank you very much for your help. I will just go ahead and file a claim with MetLife  even though I was told it was paid out. Regarding a lawyer what type of lawyer? Estate? Insurance? Fraud? and do I hire a lawyer in Puerto Rico?  or my state NJ? We have a beneficiary confirmation notice from Verizon regarding retiree life and retiree supplemental life policies which says my husband is beneficiary.

We now have original will(which is the final will written)saying my husband is beneficiary. I have a certified copy of the death certificate. Puerto Rico does not keep property records unless you sign up for taxes and his name and SS# don't match any records so we can't find a title for the property and person in house won't answer mail or phone Thank You Peggy