Legal Question in Wills and Trusts in Missouri
Check in the name of deceased
I recently lost my sister to cancer. While she was sick I paid her benefits from my checking account. Her employer sent a check in her name after her death because I had paid a month before it was due. My mother is listed as the beneficiary on her insurance. She did not have a will. My mother's bank will not cash the check even though she has papers stating that she is her beneficiary.
1 Answer from Attorneys
Re: Check in the name of deceased
That's a little tough to answer, but the naming of Mom as the beneficiary of insurance doesn't relly have any bearing. What other "papers" are you talking about when you state that Mom is the beneficiary?
In all likelihood one of several "small estates" provisions of the probate code must come into play. Which one will depend on what else, if anything, is involved.
Was there anything else titled in your sister's name? A car? Real estate?
You might check into what is commonly known as a "Creditor's Refusal". Let us know if you'd like for us to help you more.
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