First of all, we only have 1 check left to claim from my educational plan (I'll not disclose the name of the company) which is supposed to be due last October 2015. (My last semester in college.) I went to their office for several times but they told me that the claim check isn't yet issued. That money was supposedly intended to pay all the expenses for my graduation.
Months have passed by, it will be almost a year, still, they haven't given the check.
NOW, THIS IS THE PROBLEM. My TITA (RIP), whom is the GRANTOR, passed away this May 2016. Her DAUGHTER is the SUCCESSOR. And I am the GRANTEE. The check has always been named under my TITA's name. And I know I will have a problem if the check is STILL named after her. I cannot convert it into cash unless I name the check under my name.
I disclose this to the insurance company, first, thru phone call, they told me I can change the name on the check by providing my TITA's Death Certificate (DC) only. So, I went to their office with my TITA's DC. Then, they told me that the check will be named under her daughter's (my cousin) name, the SUCCESSOR, whom is now living in Australia. I ask them if there's any chance I could name the check under my name because it will take years before my cousin could visit the country.
I COULD but I have to provide a lot of requirements, like the ff:
2. DEED OF THE ASSIGNMENT
3. My cousin's valid IDs and 3 signatures on paper
4. Letter Request to transfer the plan
5. TITA's DEATH CERT with Red Ribbon
COME ON! It's a lot of work and my cousin is IN AUSTRALIA. How can I do all these things? First of all, IT WAS NOT MY FAULT that the check was OVERDUE FOR ALMOST A YEAR. If they just issued the check ON TIME or before my TITA had passed away, this problem will not occur. It feels like it's all my fault asking me all those documents.
1. Is this really the policy/law for insurance companies? Educational plans?
2. Can I rebut and ask to name the check under my name directly without providing those documents (except my TITA's DC)?
3. Can I still use the SPA of me and my TITA? I know SPAs are null and invalid if one party is dead, but in this case, is it still possible?
4. What are my rights as a GRANTEE after my TITA's death?
5. Is there a law article that I can use as a basis of my rights?
6. Given that it's really the policy. I and my cousin will see each other in Bali, Indonesia next year. Can I make her sign the documents needed and notarized those here in the Philippines?
Thank you very much in advance! I salute all the lawyers answering questions on this website. I was once an aspiring lawyer but I guess it will remain as a dream.
P.S Until now, wala pa yung check. They haven't issued it yet. And sorry if it's really long, but I have to discuss all the those things. The money that I'd get would be really helpful as I am currently unemployed