Estate Law Questions? Ask an Estate Lawyer.
Good Evening. My name is ***** ***** I am licensed Estate Attorney. Please give me a moment as I answer your question.
I am very sorry to hear about your mother and hope I can help you with this issue.
First, as the beneficiary of the life insurance policy, all you need to do is complete a beneficiary claim form and submit a certified death certificate that shows cause of death. The proceeds of the policy will be paid directly to you and in your name. That check you will be able to deposit in the bank account.
Next, the check you received in your mother's name, appears to be a refund check for a premium payment. The check cannot be made payable to you. It is an asset of your mother's estate. You will be required to open an estate in the County in which she passed in order to collect the $509.48.
There is a small estate affidavit you can complete at the Probate Court's office. You will list the Insurance Policy Refund and any other checks that may have come in your mother's sole name. As long as the total assets in her sole name are under $35,000, you will not be required to go through a formal probate estate.
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