QUESTION
What is my best option to refund the check from the insurance company of my deceased son?
Asked on Sep 26th, 2013 on Estate Planning - California
More details to this question:
I received a refund check from an insurance company to my deceased son. The check was made payable to the estate. There is no estate, if I open a new checking all his creditors will come after the estate and there is nothing there. I have had to use my retirement to pay for his funeral expenses. What can I do? The check is for $579.00.
12 ANSWERS
There is an estate. As sad it may appear, if he was an adult, you may have to set up the account, gather his personal and other property, and file a petition in probate court for appointment as the administrator.
Answered on Sep 30th, 2013 at 1:28 AM
Edwin K. Niles
Endorse the check as it is made out, by (your name) , then deposit it in your acct.
Answered on Sep 27th, 2013 at 4:12 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Assuming YOU paid for the funeral expenses.. you have the first priority over all of the other creditors to the extent of the funeral expenses. So go to the SCAO forms in Michigan (google it) fing probate form PC556 and ask that the check be assigned to you in repayment of funeral expenses. Take the completed form to the Probate court and get it entered.
Answered on Sep 27th, 2013 at 2:37 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You need an Affidavit of Decedent's Successor, which you can find online. You would complete this form and take it with you to the bank, along with a certified copy of the death certificate. (The form does need to be notarized, as well). That will allow you to cash or deposit the check. There is an exempt property allowance of $14,000, so you are not subject to creditor claims unless the estate exceeds this value, plus the funeral expenses and any other administrative costs. I am very sorry for the loss of your son.
Answered on Sep 27th, 2013 at 12:03 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You will need to return the check to the insurance company and explain to them that you are the only close heir,; they may have you submit an affidavit to that effect; you will need to send them valid identification, a death certificate to substantiate your claim to have the check made payable to you.
Answered on Sep 27th, 2013 at 11:28 AM
State laws determine who are entitled to the assets of the estate and in what order. Usually paying the outstanding funeral expenses is first on the list. If you paid for your son's funeral expenses, you are likely entitled to claim as much of the insurance proceeds as are needed to repay the money you advanced to the estate for this purpose. Check with an attorney in your area to confirm the order in which creditors have to be paid.
Answered on Sep 27th, 2013 at 11:14 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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If you are in Louisiana, you can do a succession by affidavit. No court costs involved. Insurance company will issue check payable to your son's intestate heirs.
Answered on Sep 27th, 2013 at 10:45 AM
Thomas Edward Gates
In Washington, because your son's estate is below $100,000 and there is no real property, you can transfer the check to you by affidavit. This avoids probate. If you do open probate, you can petition the court to declare it insolvent.
Answered on Sep 27th, 2013 at 10:40 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Since you paid the funeral expenses, you are first in line to collect. Go to the court clerk's office. It may be that you can open a small estate and pass it through that.
Answered on Sep 27th, 2013 at 10:23 AM
2 Awards
Prepare a small estate affidavit (can be found on line) and take his death certificate, along with the affidavit and the check to the bank. They should cash it due to the small amount. If they do not, send the affidavit and death certificate to the insurance company and ask them to reissue the check in your name.
Answered on Sep 27th, 2013 at 10:19 AM
3 Awards
Ask that it be made payable to the funeral home for his burial and then the funeral home can refund monies to you that you expended. You may be able to use an affidavit of entitlement at the bank but include in it that you paid the funeral expense of an amount in excess of the $579, as funeral expenses are a priority over creditors. Aside from trying those options, or if neither is successful, you will need to go to probate court.
Answered on Sep 27th, 2013 at 10:14 AM
You should do a California Probate Code 13100 small estate affidavit. There should be free forms of this on the internet. Complete that form, sign/notarize, and return the check along with the form to the issuer of the check. Tell them there is no probate and to reissue to you as next of kin.
Answered on Sep 27th, 2013 at 10:09 AM