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About Willard R. Brumbaugh, LUTCF, CSFP
Expertise
I can handle questions concerning life insurance, it`s tax implications, how to determine what is appropriate, and how it fits in one`s estate and retirement planning.

Experience
For 2 1/2 years I was an expert on AskMe.com, where for most of that time I was ranked #1. I have been a moderator (instructor) for the Life Underwriters Training Council. I have been licensed since 1969. Organizations I belong to: National Association of Insurance and Financial Advisors - California and the Inland Empire Estate Planning Council. I hold the professional designation of Life Underwriters Training Council Fellow.
 
   

You are here:  Experts > Money > Personal Insurance > Life & Health Insurance > Executor for Estate

Life & Health Insurance - Executor for Estate


Expert: Willard R. Brumbaugh, LUTCF, CSFP - 6/18/2009

Question
QUESTION: My aunt's boyfriend of 10 years is named as her beneficiary.  The insurance company, American Income Life, stated they need a letter requesting an "Executor for the Estate" papers to complete their medical records request. I'm not sure what that means or how to go about helping him get that started.  Any suggestions would be greatly appreciated.

ANSWER: Dear Rita,

This is the first time I have seen such a request, and I am in my 41st year in the business. Am I to understand that your aunt has passed away?

If so, it appears that AIL wants to be able to determine the cause of death. And since the beneficiary is not a family member, and you are, it is seeking your authorization to receive information. This may be necessary, in their opinion, due to the burdensome nature of privacy laws that are now in place.

A lawyer or paralegal may have such a form, however, I believe that a letter from you as the executor giving them permission to receive her medical information will suffice.

This information is important, since AIL puts heavy emphasis on Accidental Death features in the selling of their policies, and they desire to do their job according to contract.

Willard R. Brumbaugh, LUTCF
www.willardbrumbaugh.com

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

QUESTION: Thank you for your quick response and I apologize for my lack of clarification.  Yes, my aunt passed away in December 2008 from cardiac failure. Our family is not disputing my aunt's choice of beneficiary, and I am not the executor of her estate.  My aunt's boyfriend loved and cared for her very much and we consider him a part of our family.  As the closest relative in the area, I just want to be able to help him get through this difficult time.

As residents of California, wouldn't her boyfriend be considered a common-law spouse or something?  And would that be enough for him to be considered her executor?  Does it have to be a family member?  I'm just trying to help him facilitate her affairs which has been trying for him.  

AIL has sent several forms that required his signature to have her medical records released from her various doctors, and now they are requesting a letter for an executor for the estate.  How can I help him get started?

Answer
Dear Rita,

I talked to a service rep at AIL. She said that if this policy is less than two years old, they need to review the insured's medical records in order to verify the eligibility of the claim.

I don't know if this situation applies to your aunt's case, but if it turns out that she left out information that would have affected her ability to get the coverage, there may be a denial of the claim and return of the premiums paid.

The issue of the Executor for the Estate papers may be resolved by calling AIL at (800) 433-3405. Ask for the claims department.

Willard R. Brumbaugh, LUTCF

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