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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 34041
Experience:  30 years experience representing clients.
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I was helping out a family member with his very small pi

Customer Question

I was helping out a family member with his very small pi claim. No lawsuit had been filed and he passed away. I made a demand to the insurance company for just his medical bills so at least his 2 surviving kids who had to pay for his funeral expenses, can get some of the recovery. The insurance sent a release for the plaintiff's signature even though i told them the plaintiff is deceased in teh demand. at this point, im not sure if I should call up the adjuster and ask her for a release that just requires my signature on behalf of his estate or for the signature of his surviing heirs. we are only talking about $2K so I dont want to risk doing anything questionable.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: CA
JA: Has anything been filed or reported?
Customer: No. Just a demand made to the insurance company
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, thats it.
Submitted: 9 months ago.
Category: Legal
Expert:  Loren replied 9 months ago.

Good afternoon. I am Loren, a licensed attorney, and I hope to answer your question and provide you excellent service to you.

Expert:  Loren replied 9 months ago.

The claim is an asset of the family member's estate. The executor or representative appointed by the probate court is the only person who could sign the release now.

You can not sign unless you are the representative or executor.