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Death of my son
My son was killed in 2004 in an automobile accident. The automobile insurance from the other driver is giving me a settlement of $20,000.00 and $1,000.00 for me. My question is they are going to make the check payable as follows. my name, individually, and as representative of the estate of my sons name.
The case has been going on for over 7 yeas. My bank told me they will not cash the check because the way it is written. Can the insurance company just may the check only payable to me?
I don't have paperwork stating I am the representative of my sons estate and I don't want to have to go through the process with the court in doing a probate estate. It costs money in which I don't have. Can the insurance company just issue the check in my name only? Please HELP!
Well, I am sorry to hear about your son.
The insurance company "could" write a check and simply put you in the memo line as the estate representative of your son. The will probably not do it however. There is nothing, legally speaking, that requires the to.
They are protecting themselves as a beneficiary of your son's estate (your husband / his father) could later on claim a portion of the proceeds.
You want to talk to a probate attorney in your state. Sometimes you can have an affidavit of no estate and that could be enough. However, every estate is different and Texas may have different requirements (it may be easier than that).
Talk to a lawyer. You likely do not have to get involved in a very expansive battle.
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