[WSBAPT] Insurance check issued to deceased person

[John Creahan]

Hi,
I’m curious what the heirs plan to do with the real property. Is the property in mom’s name, or was it a joint tenancy property? Is mom the named insured on the insurance policy? Has the property’s use changed?
Unless it was joint tenancy, it seems like the heirs are going to have to open a probate eventually, and it may make sense to do it now. You could potentially open it and close it the same day, after cashing the check and recording the deed. Is the check large enough to cover the probate costs?
My $.02.
John

John Creahan
206-621-5848
www.cairn-law.com<http://www.cairn-law.com/>


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 <wsbapt at lists.wsbarppt.com>
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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