[WSBAPT] Insurance check issued to deceased person

[Rob Wilson-Hoss]

Jennifer, I just sent an insurance company a letter suggesting the same thing, and also offering declarations about family history, no probate, no debt (the sort of thing you see in not-for-probate-affidavits that title companies use, like an estoppel certificate) as well as indemnifications. I haven't heard back. It should be good enough but it is outsided their boxes so I am not very hopeful.  

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Johnson
Sent: Friday, December 18, 2015 4:48 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Insurance check issued to deceased person

 

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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