Legal Question in Wills and Trusts in California
My mother died 3 years ago. I received a notice of an insurance refund of $300.00. There was no will. I am the only child and all belongings passed to me (about 20K in value). Can I request the check be made out to me?
1 Answer from Attorneys
Yes. I suggest following a procedure that is set forth in the Probate Code, commencing at section 13100 for a party to request delivery of small sums. Those sections also provide for an award of attorney's fees in the event an actual lawsuit needs to be filed to recover it.
It basically entails serving the insurance company with a declaration that you are the next of kin of the decedent, attaches a death certificate, and must confirm that there is no probate proceeding. There are some other legal requirements involved, and I would suggest speaking to an attorney to make sure you do it correctly.
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