QUESTION
I received a refund check in my partner’s name yesterday for the old policy, do I have the ability to cash this check?
Asked on Feb 04th, 2014 on Estate Planning - California
More details to this question:
My partner of 21 years passed away a year ago, I am his personal representative and sole beneficiary. I have settled all his debt and probate was closed this past September. When he passed I canceled the home insurance and changed it to my name. I received a refund check in his name yesterday for the old policy, do I have the ability to cash this check? Thank you for reading this.
14 ANSWERS
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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You likely have to re-open the estate. Contact your attorney that represented the estate.
Answered on Feb 11th, 2014 at 12:15 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Theoretically, I suppose you should reopen the estate and run it through there. However, if you are the person that is to get the money, I would cash it as the personal representative and let it go. If you are not to get the money, then you should pay it to the proper person.
Answered on Feb 10th, 2014 at 11:28 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The correct thing to do is to either pay it into the estate, and take it out, or to ask the insurance company to reissue it to your name as the sole heir.
Answered on Feb 10th, 2014 at 11:20 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Tough one; you might be able to get the insurance company to reissue the check in your name. Theoretically you should re-open probate, but the court fees are probably more than the refund.
Answered on Feb 10th, 2014 at 11:18 AM
Edwin K. Niles
No-one will complain if you endorse and deposit the check.
Answered on Feb 10th, 2014 at 11:11 AM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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You are technically supposed to petition the court to reopen the estate.
Answered on Feb 10th, 2014 at 11:04 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Try and deposit through your ATM; the check may clear. Otherwise you may have to have the carrier reissue the check to you.
Answered on Feb 10th, 2014 at 11:03 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Probably, yes. Your letters of authority should allow you to cash the check, provided they have not expired. There are some banks that will require letters of authority dated within 30 days of the date the check is presented. There is no legal basis for this requirement, but the banks get away with it. If you are in one of those situations and you cannot persuade the bank to cash the check, the other alternative is to reopen the estate. It may not be worth it depending on the amount of the check. I would try to find a bank/branch, that will work with you on this.
Answered on Feb 10th, 2014 at 10:59 AM
2 Awards
Send the court order to the insurance company that should state that all future discovered assets go to you along with a letter asking them to reissue the check in your name. They should do so.
Answered on Feb 10th, 2014 at 10:59 AM
No. You might want to see if the refund check can be reissued in your name.
Answered on Feb 10th, 2014 at 10:58 AM
Thomas Edward Gates
You can reopen probate so that you can legally cash the check. Since you have your letters, you can show that when you cash the check. If there was a estate bank account and, it is still open, you can deposit it and withdraw the funds later.
Answered on Feb 10th, 2014 at 10:53 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Since the estate is closed you no longer hold the office of personal representative. You were discharged when the probate was closed. It is probably not economically feasible to reopen the estate in order to deposit this refund check. You might try to deposit the check into your account as the sole beneficiary of the estate by use of a Small Estate Affidavit. Under the circumstances your bank may accept the check with the Affidavit. The alternative would be to use the Affidavit to get the insurance company to reissue the check to you.
Answered on Feb 10th, 2014 at 10:53 AM
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Probably not, unless the court order of distribution awarded you all other payments, etc. If it did not you probably need to reopen the Estate. If that is the case I would first contact the insurance company and see if they will reissue the check. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Feb 10th, 2014 at 10:53 AM
Employment Law Attorney serving Dana Point, CA
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Mains Law Office
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You might have to show the insurance company the final probate order and have the check re-issued in your name.
Answered on Feb 10th, 2014 at 10:51 AM