Legal Question in Wills and Trusts in Missouri

Deceased person on auto ins. check?

My mom recently passed away, but I just got a ''total loss'' check in the mail from the insurance company...the problem is that its in her and someone elses name and his bank wont cash it because it has her name on it. Even showing them the death certificate, they still wont. The insurance company told me to get ''power of attorney'' but all Ive heard is that I cant now! Please help!!


Asked on 4/29/08, 5:32 pm

2 Answers from Attorneys
James Manning James Manning, PC

Re: Deceased person on auto ins. check?

You may have to get power of attorney or some other type of power over the estate. I have helped people work through this type of situation in the past. It usually helps if you simply have an attorney call the insurance company and find out what needs to be done. Then, the attorney can usually set up the power of attorney or estate in order for the check to be transferred appropriately. Let me know if I can be of further assistance.

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Answered on 4/29/08, 5:47 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Deceased person on auto ins. check?

You can not get a power of attorney since your mother is deceased. It seems like you may need to file something with the Probate Court but we can't tell exactly what to file without more information. Why don't you consult with an attorney?

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Answered on 5/01/08, 9:20 pm


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