CONTENT

  DEPARTMENTS



  DETAILS
Legend for Icons
 Article    Q&A

 Podcast  Video

 Blog  Discussions

PDF    Powerpoint
BankingQuestions.com Web

  Home >> Special Situations >> Deceased Individuals  
Insurance Check to Estate, but there is No Estate

My boyfriend's mother passed away years ago and his name is now on the homeowner's insurance. He hasn't been able to change over the deed to the house yet, because he cannot get a mortgage to pay off the mortgage that is still in his mother's name. The roof of the house was severely damaged in a storm and the insurance company sent a check made out to the estate of his mother. Unfortunately, there is no estate, and it doesn't make sense that they would give a check to the estate when his name is the only name on the insurance policy. We live in Pennsylvania. Is there any way he can cash this check so that we can repair the roof? Do we have to obtain lawyers again and go back through probate in order to cash it?


Your boyfriend should discuss this problem first with the insurance agency. It may be the case that his insurance coverage is actually only on his personal property located in the house; if the property remains in the name of the estate, the estate would carry insurance on the building itself. You mentioned going "back through probate," which suggests that a probate of his mother's estate was undertaken. Talk to the attorney that assisted in that process to find out the optimal way to pursue the matter.

Published on BankingQuestions.com 6/09/10