Oakland, CA asked in Probate for California

Q: I have a home insurance check made to my late father.my bank and agent say out of their hands how do I transfer property

Home insurance check made to my late father. He passed while in process of claim. I already paid deposit for fix of home and waiting for this check. Went and had small affidavits filled out but bank is indicating it’s insurance problem and when sent to insurance they say check is issued it’s banks problem. Who’s ultimately responsible for the transfer of this property over to me. I need to recover my money already spent and frustrated

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Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in California

A: If you have presented a proper small estate affidavit to the insurance company and you have returned the check to them with the small estate affidavit, the insurance company is obligated to replace the check with a new one made payable to the person who is entitled to the funds according to the small estate affidavit.

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