Legal Question in Real Estate Law in Illinois

Flood Insurance Claim check

I owned my home with fiance who passed away 9/2007. Removed his name from mortgage, made a flood claim. Check came in both names. How do I cash this check?


Asked on 10/29/08, 7:55 pm

2 Answers from Attorneys

Motty Stone Law Offices of Motty Stone

Re: Flood Insurance Claim check

It can be a bit tricky. The first question I would ask is who inherited your fiance's estate?

You might try to get a new check from the insurance company, or you might try to get whoever is in charge of fiance's estate to sign the check.

Depending on how the check is made out, you might also be able to just sign it yourself.

Please feel free to give us a call if you want to talk about the details.

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Answered on 10/29/08, 8:08 pm
Nicholas Chrisos Nicholas G. Chrisos Attorney at Law

Re: Flood Insurance Claim check

How was title to the property held: joint tenacy or tenancy in common? The answer to that question may go a long toward settling this situation. If it was held in joint tenancy, then by operation of law (w/o any action on your part being necessary), title would've passed to you solely. In that case, you should hopefully be able to get another check from the insurance company.

If tenancy in common, then title would be half to you, half to the other tenant's estate. That would be trickier. In that case, I'm not sure if you'd need the administrator's signature per the other attorney's advice or what.

Please understand that this reply is being posted for informational purposes only and is not intended to be legal advice. Legal advice can only be given after reviewing all the facts of your individual case and is only provided to clients of the firm after a review of all necessary documents. This communication is not intended to create a lawyer/client relationship and I specifically state to you that you are not a client of the firm.

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Answered on 10/30/08, 11:56 am


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