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You buy travel insurance, boyfriend dies, check goes to you and one to estate?

Discussion in 'Insurance' started by Marthaei, Apr 5, 2017.

  1. Marthaei

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    You buy travel insurance, fiancé dies before trip. Cancel trip and place a claim. Two checks get issued, one to you and one to the estate. You bought the tickets and travel insurance. Estate says it's theirs. They are unjustly gaining the money to your detriment. Can anything be done?
     
    #1
  2. VoR61

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    Thank you for reaching out to us Marthaei. My sincerest condolences at the death of your fiance, and also for the issue you are facing in the aftermath

    Who were the designated beneficiaries on the policies? If there are/were none then logically the check for your fiance's policy would go to his/her estate.
     
    #2
    Last edited: Apr 5, 2017
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  3. Patina

    Patina Moderator
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    First off, I am sorry for your loss.

    If you were both listed as the beneficiaries, then it is correct that both parties are reimbursed under the terms of the policy. My suggestion would be to file a claim against the estate for the reimbursement of the cost of 50% of the insurance and tickets.
     
    #3
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  4. Neil

    Neil Moderator
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    I am also sorry for your loss but the way a booking goes is if you are both listed on the reservation and the policy, you are entitled to half the reservation he was entitled to his half in his name. They don't care who paid for the trip or the insurance, he owned the piece of the res. in his name and payment has to go to his estate

    Legally they cannot give you the part in his name.Patina gave you the right info about claiming against the estate. You should have no issue if you can show your credit card statement for the trip and the insurance.
     
    #4
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  5. jsn55

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    So very sorry he died. Awful situation. An airline tix belongs to the passenger, no other. My colleagues are right, if you paid for everything, a claim against the estate would be your best approach. What a terrible thing to have to go through.
     
    #5
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  6. VoR61

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    Here is an example of travel insurance payment of claims as it relates to beneficiaries:

    https://www.insuremytrip.com/files/pdf/en-us/IMT_TAP_ADD_Certificate.pdf

    Relevant words: "If no such designation or provision is then effective, such indemnity shall be payable to the estate of the Insured Person."

    Unless he/she chose you as a beneficiary, there may be little or nothing you can do. Uou should consult an attorney to chart a path for resolution.
     
    #6
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  7. AAGK

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    I will assume it's a scenario like if I buy 2 tix for me and partner and we cancel the trip. The airline usually issues a credit in my name and one in his.

    However, it is awful that your boyfriend's family would not return the money to you. That is morally wrong but there is nothing you can do but secretly judge them. I am sorry for your loss.
     
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  8. Algebralovr

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    You'll need to file a legal claim against the estate for the amount you paid for on behalf of your fiancé. You may wish to begin my sending a letter to the executor of the estate, stating the amount you paid on your fiancé's behalf and asking for reimbursement from the proceeds of the travel insurance.

    Then, find out where the estate is to be probated. File a claim with your supporting documents with the probate court.
     
    #8
  9. George M

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    First, let me echo my fellow posters' offer of condolences on the loss of your boyfriend.

    As Patina says, above, if his estate goes through probate you can file a claim for the cost of the tickets, the cost of the insurance and anything else the insurance reimbursed, through the Probate Court or whatever Court has jurisdiction in your state. The Court Clerk can usually help you file the correct forms.

    If there is no probate of his estate you'll probably have to sue whichever relative has received the insurance payment.

    In either case, consulting an attorney who specializes in probate matters would be advisable.
     
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  10. VoR61

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  11. Neil

    Neil Moderator
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    This is really something everyone should think about when buying insurance if you are paying for a trip for someone else traveling with you that isn't a spouse. You should make each other beneficiaries on the policy in case something like this should happen. This is something I never thought of. I am sorry that is had to come to someone being in this situation to bring it to the forefront.

    And it's even sadder that the boyfriends family won't do the right thing and repay you.
     
    #11
  12. Marthaei

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    Thank you to everyone that has sent me an answer. I really appreciate it. This is a very difficult time and this other added business doesn't help. I must ask a question to an earlier post, -- Patina's post. Why 50% reimbursement and not 100% reimbursement, Thank you, just curious on that! Thanks again.
     
    #12
  13. Patina

    Patina Moderator
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    50% of the cost of the total insurance policy.....you pay for your half and his estate pays for his half. Same with the airline ticket assuming the ticket prices are exactly the same. If the policy has the cost broken into two separate prices, one for you and one for him, submit a claim for "his" portion. Good luck and please let us know your progress.
     
    #13
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  14. Brijesh

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    #14
  15. Neil

    Neil Moderator
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    Usually when you buy these policies each person can name a beneficiary. It would be a great learned experience from this that if you are paying for the trip and insurance for someone you aren't married to, name each other on the policy so that you don't have to go through this.
     
    #15
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  16. Mike Z

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    The 50% assumed that you already got 50% back as you had already mentioned in your original post. 50% + 50% =100%. (unless common core changed old fashioned math)
     
    #16

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