Oh, but there is an estate. It consists of a $2,050 check from an insurance company. No, the insurance company cannot make the check out to you because they are not empowered to determine who are the rightful heirs and/or beneficiaries of you mother. Most states have special simplified procedures for modest estates. To learn the least complicated legal procedure that will give you access to the funds, consult with an experienced probate attorney.
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Is there a beneficiary designation on the policy? Usually, before making a check payable to the estate of the deceased, the insurer checks if there was one set up, or, if the estate assets are less than a certain amount, if there will be an estate set up. Write to the legal department of the insurance company and ask them what your options are.
I believe MS has a small estate procedure. Insurance companies generally accept them in lieu of requiring you to open up an estate. Before going that route, you should ensure your situation allows for use of such an affidavit. Based upon the general description you have provided, it seems like it may.
This information is subject to the disclaimer below.
This is general information based upon limited facts, should not be construed as legal advice, and does not create an attorney-client relationship. The author is licensed in Indiana and Ohio attorney only.
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