[WSBAPT] Insurance check issued to deceased person

[Tom J. Westbrook]

I’m of the same mind as John on this……..and what do you mean by an insurance policy covering the real property? Was it insurance to pay off a mortgage? 

 

In any case, unless the property is owned as joint tenants with rights of survivorship, you will still need to probate to get Mom’s name off the property. And since there is real estate involved, you can’t use the small estate affidavit. 

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

 

 

Rodgers, Kee & Card

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

 

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

 

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John Creahan
Sent: Friday, December 18, 2015 6:00 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Insurance check issued to deceased person

 

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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