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If there is an insurance check do to death and it is made out to administrator of estate and not the estate is there a problem
Anonymous4 views2 answers
insurance company wrote 50000 dollar check to my mother for death of wrongful act and the court documents state for the money to be divided between my mother my father and I court clerk tells my mother that since it was made out to her with her name and the title of administration of estate that it had to go to the estate instead of the family
The details you provide are a little unclear. Generally, the insurance company will make the check payable to whomever is designated as beneficiary on the policy, and if no one is designated as beneficiary, it will be payable to the "Estate of John Doe" or "Jane Doe, Administrator". The court clerk may be correct - and often, they are - but in some instances, the insurance company just gets it wrong. If you could provide more detail on why there is a court order (who died?) and why the insurance company is disbursing the proceeds, I may be able to provide a more helpful answer.
Charles E. McWilliams, Jr. P.C.
Owen and Truban, PLC
103 N. Braddock St.
Winchester, VA 22601
(540) 667-4912
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You should confer with the attorney who assisted you in the wrongful death action to clarify what the court order requires and to make sure the insurance company issues checks in a manner that complies with the court's order.
Disclaimer: This answer is provided for informational purposes only. This answer does not constitute legal advice and should not be relied on. Legal advice can only be provided after consultation with an attorney with experience in the area in which your concern lies. This is so because each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and/or documents at issue. This answer does not create an attorney-client relationship.
