May 2012 Weddings
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Help!

I know I have been MIA since I got back from vacation but I need your help ladies.

You all remember the insurance situation with MIL's house. Well they totaled it out and sent us the check in MIL's name. Now we have a check the bank refuses to do anything with even with a copy of the death certificate and succesion. And the insurance company says the check has to go in her name because she is the policy holder (we didn't change it because we were planning to cancel it this yearwhen the policy was up and she paid yearly).

I have a call into the lawyer who did the succesion to see what he says we should do. However I am stressing because that is a rather large check to just not cash. Do you ladies know of anything we could do? Or who should be "responsible" for fixing this?

Re: Help!

  • That's weird. I can understand it being in her name, but don't most house insurance have a beneficiary listed in case the principle holder dies? That person should be able to cash it with the certificate of death. Around here something like that would probably go to small claims court and just have a judge order that the check be made out in the beneficiaries name. If you already have contacted a lawyer I'm sure he will be able to tell you the next steps or how to get it changed outside of court.
  • Was there an estate opened? Granted, we are in Ohio, but the attorney I work with said you might have to open an estate and appoint your H or BIL as executor and they will be able to cash it. 
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  • Did she have a will or power of attorney? If she has someone named as her personal representative, you should be able to cash it with the short certificate showing that she died and so-and-so is her personal representative. I know in DE, you don't need to open an estate if its under a certain amount. All you need is a small estate affidavit.
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