[WSBAPT] Insurance check issued to deceased person

[Jennifer Johnson]

Thank you all for the responses.  

I understand that the affidavit can’t be used to transfer real property.  I’ve already recommended a quick probate and the heirs want to discuss it.  Since one of them already has the insurance check (hazard insurance that paid out when a tree fell on an outbuilding on the property) in hand, they wanted to know what other options were available, particularly one that would allow them to deposit the check now.

The title company is ok with all of the heirs executing a deed to transfer the property.

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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> On Dec 19, 2015, at 12:03 PM, Tom J. Westbrook <tjw at w3net.net> wrote:
> 
> 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
>  
> <image001.jpg>
>  
> Rodgers, Kee & Card
> 324 West Bay Drive NW, Suite 201
> Olympia, Washington  98502
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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> [mailto: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 <mailto: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)
>  
> CONFIDENTIALITY NOTICE:  THIS EMAIL IS INTENDED TO BE A CONFIDENTIAL AND PRIVILEGED ATTORNEY-CLIENT COMMUNICATION.  IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS EMAIL, PLEASE DO NOT READ OR PRINT IT.  This transmission is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  You are hereby notified that any dissemination, distribution, or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited.  If your receipt of this transmission is in error, please notify the sender immediately by calling 360.795.3494, or by reply to this transmission, and then permanently delete the message.
>  
> DISCLAIMER NOTICE:  Email communication on the internet is NOT secure.  There is a risk that this communication may be intercepted illegally, waiving any implied or explicit attorney-client or work-product privileges.
>  
>  
> 
>  
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