Legal Question in Wills and Trusts in Tennessee

Checks to estates with no will

Man died with no will-all property and bank accts are joint. Medical ins company issued a check for refunded premiums to his estate. How does his wife get it cashed or deposited with no will.


Asked on 7/18/08, 12:15 pm

1 Answer from Attorneys

Anthony Bradley The Bradley Law Firm, PLLC

Re: Checks to estates with no will

Talk with the insurance company to ask if it will reissue the check. The chances of this are small however.

An estate may have to be opened. A key question to answer is how large is the refund check. If is is small, the insurance company may allow the heirs to sign an indemnity agreement should other heirs later arise. If the check is larger it may be worthwhile to go ahead and open probate.

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Answered on 7/22/08, 5:42 pm


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