Legal Question in Wills and Trusts in Missouri

Proof that I am next of kin to deceased?

After my moms death, the auto insurance company issued a total loss check in my moms name and her ex's name. His bank will not cash it because it has her name on it. Even with a death certificate, they wont. What do I need to get to prove to the bank that I am her daughter, (she wasnt married) and to get them to cash the check? Powerof estate??? If so, how do I do that? Who do I contact? She had no will, but I am the benificiary on the life ins. policies.


Asked on 4/30/08, 10:25 am

1 Answer from Attorneys
Joseph Burcke Joseph R. Burcke, Attorney at Law

Re: Proof that I am next of kin to deceased?

You do not state the amount of the check. If the amount is less than $40,000 you can use a small estate proceeding to quickly (30 days) obtain the authority you need. If it is less than the funeral bill and the funeral was paid out of funds other than your mother's, who ever paid may apply fto the court for a Creditor's refusal certificate.

Please feel free to contact me directly if you need help.

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Answered on 4/30/08, 11:18 am


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