[WSBAPT] Insurance check issued to deceased person

[Jennifer Johnson]

Good afternoon,

Client recently received a check from an insurance company that was issued to the estate of her deceased mother.  Her mom passed away four years ago and left a piece of real property and an insurance policy covering the real property, neither of which were ever transferred by the heirs.  She took the check to the bank and, not surprisingly, the bank wants letters testamentary, an EIN for the estate, etc.  Also not surprisingly, client does not want to probate.

I am wondering if, provided that mom’s estate qualifies, the small estate affidavit might be used to get the bank to either cash the check or let client deposit it?  Or to get the insurance company to reissue a check to the successor instead of the estate?  Or perhaps there is a simpler solution that my Friday afternoon brain isn’t thinking of?

I appreciate any advice or experience you all may have.

Thank you,

Jennifer
 
Jennifer Johnson | Attorney
Hanigan Law Office, PS
PO Box 39 - 68 Main Street
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)

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