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billie_jean462 | My husband recently died. I received a check from his insurance company for a premium I paid after his death.? |
The check is made out to his estate. There is no estate, as we didn't own any property. What is my legal recourse? It's only a small amount so it wouldn't be worth it to hire a lawyer. Anyone know what I can do with it? |
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Advisorpro06
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1) Try and deposit the check at your bank. If they won't accept it,
2) Call the insurance company, tell them you are his wife, and ask them to re-issue the check to you in your name. |
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peach
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Sorry for your loss. I think your bank would either cash it or let you deposit it. Just sign and take it to the bank. |
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Just_gone
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Did he have a will? I believe that you can cash it. Call the insurance co. They'll know. |
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Daddys Doobe
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Ask someone in your family and oh honey I am so very sorry! |
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wizjp
 |
Contact them and ask to reissue. If the check was in his name only and he is dead, his only legal entity at this time is his estate.
Or cash it; there isn't anyone to issue a complaint as you are responsible for his estate or lack at this point. |
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liliemiller
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Simply cash it. It's a refund not income. |
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CRYSTAL S
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hmm...try to sign it & deposit it .....may work |
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angie
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Sorry for your sad loss. Peace be with you.
Contact the insurance company and explain that there is no estate and that this was simply an overpayment of premiums. They may ask about a will or next of kin etc, just answer the questions they ask truthfully and forward copies of any documents they may ask for.
They should re issue the cheque in your name so that you can pay it into your bank account without further complications. |
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mbrcatz
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"estate" means, property of the deceased. It's not necessarily REAL estate, but "stuff" like a car titled in his name, or ira's titled in his name. IN this case, it's money, that belongs to him.
Because he's deceased, either his will (if he had one) or a probate judge, will have to say who gets this. In either case, it's now part of his "estate".
You don't necessarily need a lawyer, but you'll have to go down to probate court and either file his will, or ask them to set you up as executor of his estate, so you can legally cash the check & use it for his final expenses. Just like, you won't be able to sell any car with his name on the title, or cash in any IRA's or bank accounts in his name, without the same process. |
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mukwonago53149
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There is an estate. The term "estate" has nothing to do with real estate, but rather everything your husband owned including things as small as some soda crackers in the kitchen.
Why would you continue to pay insurance after he died? If the check is just for a premium that you paid accidentially, then you should contact the company and ask them to re-issue the check in your name. If the check is actually a payment for his death, then you can't get it reissued. Instead, then you need to go through the whole estate settlement process. Everybody whoever loaned him money has a right to anything in his estate. |
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J B
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I am so sorry for your loss, this is always a hard time to have to deal with finances. Estate means anything of any value or of debit to his net worth-so any cars, boats, bank accounts, credit cards, you name it, are an "estate". DOn't know what state you live in, so don't know the requirements....but in many you have to file to take care his "estate". This will be particularly helpful with credit card companies, bank accounts, etc if you would have any trouble in the future. Check your local county government -clerk of courts or someone similar to find out more. If you really for some reason don't want to deal with it, better to let sleeping dogs lie. |
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peace
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I had this same situation. The insurance company sent me a reissue in my name. |
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Barry auh2o
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There IS an estate, even there is no property. Proceed wisely.. |
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CarMan
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Assuming you had a joint bank account, simply endorse the check "For Deposit Only" and write your bank account number. Simple. |
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