[WSBAPT] Insurance check issued to deceased person

[Heather deVrieze]

I believe that the small estate affidavit is inappropriate in this circumstance.

RCW 11.62 specifically requires that the affidavit state “(c) That the value of the decedent's entire estate subject to probate, not including the surviving spouse's or surviving domestic partner's community property interest in any assets which are subject to probate in the decedent's estate, wherever located, less liens and encumbrances, does not exceed one hundred thousand dollars;”

Unless the real property is of little value, the statement cannot be truthfully made. And, because real estate will need to be administered at some point, now would seem the appropriate time to do it.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Johnson
Sent: Sunday, December 20, 2015 3:53 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Insurance check issued to deceased person

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<mailto: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

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Rodgers, Kee & Card
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Olympia, Washington  98502

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From: wsbapt-bounces at lists.wsbarppt.com<mailto: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] 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)

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