Legal Question in Insurance Law in Texas

I Received a check from my Ins. Company

Hello, I received a check from my auto Ins. Company, but I can't cash it because it is made out to my mom's Estate. She passed away in 2005. I wanted to know If I go to the DMV and change the car into my name, Will they or should they the Ins company resend me another check in my name. I was in a car accident in January 2009 in Texas, The other person hit me. The car I drive is still in my moms name. I need the check to fix the car and it was total and they sold it back to me. Please Help? Thank You Much


Asked on 3/03/09, 8:14 pm

2 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: I Received a check from my Ins. Company

you can change owner by going to County clerk and filing out affidavit they have IF you are the only child or heir..but take your car to a repair and they could get the money from the insurer..or call insurer ....they may reissue..but may require you change title..

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Answered on 3/04/09, 9:35 am
Dan Street Street Law Firm

Re: I Received a check from my Ins. Company

If you are the administrator of the estate or the sole heir of your mother, there is no reason why you can't cash the check as-is. Just endorse it, deposit it into your bank account, and that should be that. Otherwise, try showing the death certificate to the insurance company and asking them to re-issue the check to you.

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Answered on 3/04/09, 1:13 pm


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