[WSBAPT] Insurance check issued to deceased person

Tue Dec 22 12:54:08 PST 2015

Good point Heather.  But this will become a bigger issue that needs to be
addressed when we now can utilize a beneficiary deed since that will
presumably cut down on more probate openings.  What do we do with a deposit
refund or returned utility payment, etc when they are minor checks.  Maybe
an oversight by legislature that needs to be dealt with otherwise they go
uncashed (who is going to open a probate for such small amounts).  It
usually is not worth the beneficiary's expense to pay me to start writing
letters and all the other nonsense to insurance companies or the like -
usually not worth their time either.  It is a catch-22.

Paul H. Grant - JD, LL.M

Planning with Purpose, Inc
Lynnwood, WA 98036
425-939-9948
www.planningwithpurposeinc.com

Estate Planning. Business Planning. Wealth Succession.

On Mon, Dec 21, 2015 at 8:49 AM, Heather deVrieze <
heatherd at westseattlelaw.com> wrote:

> 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*
>
> *[image: cid:image001.jpg at 01D013C2.30F35160]*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
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>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
>
>
>
> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
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>
>
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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> 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
>
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> Skype: thomas.westbrook
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> *From:* wsbapt-bounces at lists.wsbarppt.com [
> mailto:wsbapt-bounces at lists.wsbarppt.com
> <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
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [
> mailto:wsbapt-bounces at lists.wsbarppt.com
> <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)
>
>
>
> CONFIDENTIALITY NOTICE:  *THIS EMAIL IS INTENDED TO BE A CONFIDENTIAL AND
> PRIVILEGED ATTORNEY-CLIENT COMMUNICATION.  *IF YOU ARE NOT THE INTENDED
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> 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.
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