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Death Certificate
The other thread got me thinking about life insurance and 'being ready'.
I own a sizeable life insurance policy on two people, a husband and wife, in a 'joint and last to die' policy. Enough dollars that I'm retiring on it... Person #1 passed away ten years ago, person #2 is mid-80's now...maybe healthy, maybe not, it's unknown. To collect, I will eventually need death certificates for both of them, at a minimum. How does one get a death certificate? Assume the 'insured' is not co-operative... Given the sizeable payout, what other hoops can the insurance company make me jump through?
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I have had to deal with estates and life insurance three times in the past five years. No hoops I have had to jump through other than the death certificate. You should be able to get a short certificate from the state upon request.
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Get off my lawn!
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Death certificates are public records. Just go to the county of the death, and the county courthouse will have the death certificate, and they can make you a "certified copy" that is accepted by insurance companies and any legal entity. It will cost 10 bucks or so depending on the "fees" they tack on. You will want to know the date of the death, and the full name of the deceased.
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The family/executor of the will for the deceased can request/get death certificates from the funeral home when arrangements for the service are made. Of course it's too late in your situation for the first person.
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Not where I live. Oddly enough, even if you hold a life insurance policy you cannot access this information. Next of kin, extended next of kin, executor, estate trustee all qualify.
I think I will need a court order. The next of kin will not cooperate...
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I don't know your particular situation, but I'm also pretty sure I couldn't take out a life insurance policy on Bill Gates or Warren Buffet either, for a reason. I'm pretty sure they'd have to sign the dotted line on the policy making me the beneficiary to the policy. And if I were the actual "next of kin" to your supposed "insured", I don't think I'd cooperate either. Last edited by SCadaddle; 08-23-2021 at 12:23 PM.. |
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Just thinking out loud
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I don't think you can get death certificates now. The way I understand it is you are not dead until you quit voting, and I don't see that happening right now.
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I thought that was true everywhere. Apparently not. I don’t see the point of a death certificate if it isn’t to make it public that “this person isn’t alive anymore.”
How else do you get spam emails and robo calls to stop? They could go on forever.
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My sister, who passed away nearly 3 years ago at age 62, routinely gets letters in her mailbox that she is now medicare eligible. Also in her mailbox, there was a letter from an audiologist outfit about 150 miles away. "Thank you for your appointment last week and we'd like to continue helping yada yada yada." I blew the first one off, but the second time they sent one I called the audiologist and spoke with the owner. I told them if they had seen her a week ago, I hope you told her I said "hello" and to please call her brother some time. The guy seemed very genuine in his apology and haven't seen anything from them since. (I was more concerned about identity fraud.)
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AFAIK, you are always entitled to a death cert. if you can demonstrate you are the beneficiary of a life insurance policy.
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But, if you think the insured is hostile, you may want to check to see if they have removed you as a beneficiary. I get those calls all the time. "My sister and I had a fight yesterday. She gets nothing! I need to change my beneficiary." I have to do this about once a month.
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Very interesting. Can I get a small policy on my ex-sister so I can throw a party with the proceeds when she croakes? Would I need her permission to take out said policy?
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I am sure every state si different but in NJ you simply request from the state. The funeral home typically requests the document as part of the service but you can get it if needed. You may need to compete a form stating need and purpose and have it notarized as I did for a death certifciate in California. |
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Just to be less cryptic: this a policy I purchased on a business partner, with the idea being he dies, I use the proceeds to purchase his shares.
Because he was not healthy at the time, I had to buy a 'joint and last to die' policy on him and his wife. He died a long time ago, his wife was hostile afterwards, and went out of her way to make my life hell. So it was obvious we could not work together. The business assets were split the way she wanted; I took the real estate, she took the operating company. Flash forward fifteen years, the business is worthless, the real estate is worth five times what I paid, and guess who's not happy. So now, in preparation for payment some time down the road, I need the death certificate for the husband (which she will never give me), and then at some happy time, I need her death certificate as well. The life insurance is sort of the icing on the cake, she lost millions on the business deal, she signed off on the life insurance, and now she knows I have another payday coming. Revenge is sweet. I am retiring the day she dies.
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Yes, you would need her permission and you'd probably have to live in the same state. I've had people buy policies on family members before, but everyone has to be onboard with it and sign papers. You could always get one of those online policies with the two year wait and the insurance company would probably be none the wiser, but it's shady.
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As stated in the other thread, each state is different so this may or may not be accurate, but for the most part states follow along the same legal avenues with generally some deviation. In New Jersey Commericlal Real estate transactions need to be performed utilising an attorney.
I assume there is an agreement diving the business and real estae signed by both parties prepferably drawn by and with an attorney for each party? If so the agreement should be all that is required to prove your right and need to obtain a death certificate from the Executor/Executrix. Second it should also be the document needed to request a copy directly from the state if necessary. |
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The life insurance predates the separation of the operating business and the real estate.
At this point I'm just going to get a court order once I see her obituary posted.
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You may find they are cooperative if that fails have a lawyer send a letter requesting the ceritifcate. |
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The nephew will be the sole heir, and I doubt he will have the husbands death certificate from 18 years ago...
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