Legal Question in Wills and Trusts in Maryland

I received an inheritance from the death of a relative. More than a month after the check was sent and cashed, the insurance company wrote and said they wanted half of it (over $5,000) back because they had overpaid me. I really counted on the money and since it was not my fault that they made the mistake, I am legally responsible to return the overpayment?

Asked on 11/26/10, 8:49 am

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

The answer is "it depends." It depends on the terms of the insurance policy. It depends on what you may or may not have signed prior to receiving the initial check. It depends on what the letter from the insurance company says. My advice would be to consult a Maryland probate lawyer who can discuss the specifics of your case, review the necessary documents, and advise you of your rights.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 12/01/10, 9:57 am

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