My 19 yr old daughter died from a car wreck, she was never married & had no kids. She did not have a will or any beneficiaries. Her only survivors are myself (mother), 1 brother & 1 sister. Her auto insurance sent a $5000.00 check to the funeral home to help with the funeral & another $5000.00 in the name of the Estate of my daughter to help with any other expenses. There is no reason for a estate account. How can I get the check cashed without it?
I’m sorry to hear of your loss. To answer your question, you either have to 1. get the insurer to reissue the check to you personally (not likely) or 2. open probate proceedings so that you can open a bank account in the name of the estate.
You didn’t indicate the circumstances of what happened to her. If you are contemplating a wrongful death suit, you need to probate her estate anyway as some potential claims belong to her estate.
You should discuss the facts with a knowledgeable attorney. Best of luck to you and my condolences again.
The information provided herein is not, nor is it intended to be, legal advice. It is for informational purposes only. No attorney-client relationship has been created and we have no obligations to you or your case.
Depending on the circumstances of your daughters death, you may simply need to prepare a Small Estate Affidavit.
You'll need to contact an experienced probate attorney to help you determine your options.
More Fine Print: The content of my comments or responses to questions on this site should not be construed as formal legal advice and is intended for general and informative purposes only. In fact, responses may differ depending on the information that may not have been provided in the question asked. The information provided here should not be used as a substitute for consulting an attorney of your choice. You are smart to seek wise counsel when making important legal decisions. Attorneys are not allowed on this site to solicit business from the consumers but you may contact the attorney directly if you would like further information about their services. I consider my responses on this site to be a public service. Please take a moment to let me know if my response to this question was "Helpful" or your "Best Answer" so that I may improve.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline