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Q: Insurance company won't reissue refund check for deceased brother. What are my options?
I'm trying to get an insurance refund check reissued that was originally for my deceased brother's homeowner's insurance. The insurance company claims they can't reissue the check in my name because I wasn't on the policy, even though I have provided the probate papers. There was no administrator appointed for his estate as it was a Summary Probate. What options do I have to resolve this situation?
A: All the dealings with the insurance company are done through the estate of your brother, not you personally. See a probate attorney in your town to get this back on track.
Phillip William Gunthert agrees with this answer
A: I am sorry for your loss of your brother, please accept my condolences. You will have to reopen probate and then you will be able to address this via the probate court. The fee to reopen probate is minimal.
A:
I’m really sorry you’re having to handle this while grieving your brother. It’s frustrating when a refund is owed, but the company won’t release it even after you’ve followed the steps to show you're the right person to receive it. Summary probate is supposed to make things easier, but sometimes companies don’t understand how it works or want more paperwork than the law requires.
If you were named as the successor or beneficiary in the summary probate documents, you may need to send a certified copy of those documents and a formal letter requesting reissuance of the check. Explain that no administrator was appointed because of the simplified process, and that you're acting under the authority of the court-approved probate. It may help to include the specific probate statute used in your case so they understand the legal basis for your claim.
If they still refuse, you can consider filing a formal complaint with your state’s insurance regulator or department of insurance. Sometimes just putting the issue in front of the right authority pushes the company to act. You’ve done the hard part by gathering the paperwork and trying to do it the right way—now it may be about making a little more noise to get the result you deserve.
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