Cs-Gl-Form-A-Dtp-Ers - Life Insurance Claim Form Page 9
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9Q: What property is subject to probate?
A: Property subject to probate consists of all property owned in the decedent’s name at death, with the exception of:
Property which passes to another person by operation of law or by contract (e.g. property held in “joint tenants with right
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of survivorship” ownership automatically passes to the surviving joint owner, regardless of what a will may provide).
NOTE: The decedent’s share of any property held in “joint tenants in common” ownership will be subject to probate.
Assets that include a beneficiary designation (e.g. life insurance policies, IRA’s, pension plans, and annuities pass to the
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named beneficiary outside of the probated estate).
Q: How Does Probate Work?
A: The probate process consists of a number of steps. The specific steps will differ based on rules in each jurisdiction but
generally probate consists of the following:
1. Filing of a petition with the court, requesting the appointment of an Executor and allowance of the Will, or the
appointment of an Administrator, if there is no will. In most cases, the persons interested in the estate will consent to this
appointment and allowance.
2. Preparing and filing an inventory which lists the assets in the estate.
3. Collecting any payments receivable, such as interest, dividends and other income (e.g. unpaid salary, vacation pay and
other company benefits).
4. Paying the decedent’s outstanding debts, including funeral bills, valid claims against the estate, and income and estate
taxes
5. Following payment of all debts, filing an accounting with the court detailing the payments of debts, receipts of income, etc.
6. If the accounting is approved, the court will then decree the remaining assets to the estate beneficiaries according to the
Will (or if no Will, the state intestacy laws).
7. By order of the court, the Executor/Administrator will then distribute the assets to the beneficiaries, and the estate is then
closed.
Q: Is Estate Resolution Services only available to a designated beneficiary?
A: No, Estate Resolution Services is available to the Executor or Administrator of the Insured’s estate, whether or not that
person is a designated Beneficiary of the MetLife coverage to which Estate Resolution Services is attached. If the Beneficiary
is not the Executor or Administrator, the Beneficiary may receive consultations with an attorney. Only the Executor or
Administrator will receive the full Estate Resolution Services.
Q: If an insured has multiple beneficiaries, can they all contact Hyatt?
A: Although all beneficiaries are entitled to a consultation, the service is only available to the individual who will be the
Executor/Administrator of the Insured’s estate.
Q: Will the Executor/Administrator have to sign an agreement for the service?
A: Attorneys should provide the Executor/Administrator with a fee agreement that outlines the services that will be provide the
attorney’s fees and any costs.
Q: Is the Executor/Administrator required to use an attorney who is part of the Hyatt network?
A: No. If the Executor/Administrator elects an out-of-network attorney, payment will be made in accordance with the amounts
set forth in the “Non-Plan Attorney Fee Schedule” as maintained by Hyatt, and in no event will an amount greater than the
sum of the legal fees actually incurred be paid. The estate will be responsible for making payment to the non-Plan Attorney
for any costs, expenses and/or fees incurred in excess of the amount paid by Hyatt. Once Hyatt is notified that a non-Plan
Attorney is to be used, Hyatt will provide a claim form and informational material, including a Non-Plan Attorney Fee
Schedule.
Q: Are there any Exclusions that apply to Estate Resolution Services?
A: The following services are not covered:
Matters in which there is a conflict of interest between the Executor, Administrator, any beneficiary or heir and the estate;
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Any disputes with the Group Policyholder, Employer, Plan Attorneys, MetLife and/or any of its affiliates;
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Any disputes involving statutory benefits;
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Will contests or litigation outside Probate Court;
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Appeals;
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Court costs, filing fees, recording fees, transcripts, witness fees, expenses to a third party, judgments or fines and;
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Frivolous or unethical matters.
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GR-ERS-FAQ
(04/13) Fs
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