Re: Not the only one
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In reply to:
Re: Not the only one
elizabeth harrison 7/20/09
Elizabeth: Not to beat a dead horse or go off on another tangent, but to address your comments:
First, I'm NOT and attorney so this is only what I understand to be the requirements for opening a succession in Louisiana, I can't speak to other states: petioners must present to the proper court an affidavit which verifies the death and domicile of the deceased. Technically, I don't think that a certified dc must be attached or made part of the petition. In the cases with which I'm personally familiar, there is no evidence in the paper work of that being done. To my thinking, it would take a real shady attorney to try to open a succession for someone he wasn't sure was deceased. Maybe that's why a dc was requested - CYA.
I would imagine that any reputable private insurance company would pay out say life or accidental death benefits as long as they were satisfied that the person was deceased, no fraud was being committed and the terms of the contract were satisfied. They might require that one complete a claim form and attach a dc - I can't remember for sure. In my dad's case, his company's HR department handled that aspect. I can't imagine any insurace company denying benefits simply because a person died somewhere other than their state of domicile. They'd likely get sued and reported to the state insurance commission.
I can't speak much to SS. I'm quite sure I DIDN'T notify them when my mom died nor did I furnish them with a dc. In my foggy memory I recall being told that the funeral home would notify SS "as a courtesy to the family." Maybe it is a requirement or the state's vital records automatically reports the death to SS. I do know that her benefits stopped real fast. Makes sense that SS would want to "retire" these numbers ASAP considering all the fraud and identify theft going on these days.
These are just my observations so I stand to be corrected. Rick