Legal Question in Wills and Trusts in California
My ex-husband's mother died and left him money from an insurance policy. He died two weeks after she did. The insurance company made the check out to his estate. He died without a will. My son is turning 18 in a few weeks and is his legal heir. How can we cash the insurance check?
Asked on 6/21/10, 11:15 am
2 Answers from Attorneys
George Shers
Law Offices of Georges H. Shers
I do not see that you can. The check goes into the estate. You then have to follow the procedures of settling a small estate.
Answered on 6/21/10, 3:09 pm
Michele Cusack
Pollak & Cusack
With a Probate Code Section 13100 Affidavit is the amount is less than $100,000. Otherwise, you probably need to open a probate estate with the court.
Answered on 6/21/10, 10:02 pm
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