Legal Question in Wills and Trusts in Texas
Dear Sir,
My mom died 5-22-2000. I sent a death certificate and all pertinent documentation to the home insurance company (State Farm) however, they never changed the billing from the "estate of " designation. Now due to their exorbitant premium increases I have changed insurers and am due a refund. Continuing their misinformed handling of this matter they issued the check to the estate of. This does me no good. It needs to be in my name. They said they would re-issue the check in my name if the estate was closed. Having completed the probate process over ten years ago I assumed the estate too was closed. Upon contacting the court clerks office to confirm that this is indeed the case they informed me the estate is not closed. How or why this is the case I will never know. So my question to you is how do I close the estate???
2 Answers from Attorneys
It's not a great idea to close the estate. If you know who the appointed independent executor is or was, you could go to that person and have them sign the check over to you. That would be the simplest thing to do.
If you never probated the estate, ask the insurance company if they will accept an affidavit of heirship.
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