Q: Joint homeowners policy, one person dead, had a claim, unable to cash check due to written out to both party’s.
Unknowingly my deceased mother was still on our joint homeowners policy. Recently had a fire, and they’re sending me checks in both of our names, and I am unable to cash them. How do I cash these checks or get them to make it out only in my name? Can they cancel my insurance for this?
A: Sounds like you haven't contacted the insurer to address the problem. Why not? The sole fact that your mother died should not be a reason for the insurer to cancel the policy. If there were some misrepresentation or faked signature in the initial application or renewal process, and that would be revealed if you would inform them of your mother dying, that would be a reason to cancel and, in some scenarios, could result in a criminal charge. If everything was on the up-and-up, what is your concern with contacting the insurer to address the issue?
A: If you cannot get them to reissue the check in your name alone (not very likely), then this may well end up being an issue that will need be addressed as part of your mom's probate being done. If no probate was ever undertaken, it may well mean one does need to be done related to these checks on the property, when a check is in the name of the deceased, it will have to be addressed via probate and the sum will matter as well. In addition, it may be necessary to review the property deed to see what was going on with the property as well ongoing, who owned what, was it rights of survivorship, is there a surviving spouse and so forth, all of these issues can matter.
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