Insurance Check

[KevinK]

(Indiana)

My mother passed away recently, and left insurance policies designated to me, my younger sister, and her estate. My question is, can I cash the estate check to pay for the funeral expenses? As far as I know, my sister was designated power-of-attorney when my mother entered a nursing home, as well as having a joint checking account with her (my sister has no problem with me cashing the check).

 

[moburkes]

(Indiana)

My mother passed away recently, and left insurance policies designated to me, my younger sister, and her estate. My question is, can I cash the estate check to pay for the funeral expenses? As far as I know, my sister was designated power-of-attorney when my mother entered a nursing home, as well as having a joint checking account with her (my sister has no problem with me cashing the check).

If your sister has the power of attorney, let her cash the check, and write 1 to you for what you need.

 

[justalayman]

Generally POA ends at death and would then not be able to cash the check.

 

[BlondiePB]

My mother passed away recently, and left insurance policies designated to me, my younger sister, and her estate. My question is, can I cash the estate check to pay for the funeral expenses?

No. The check must go into an "estate account" that the Personal Representative/Executor opens after opening probate for your mother. Then, the funeral expenses can be paid with the money.

As far as I know, my sister was designated power-of-attorney when my mother entered a nursing home, as well as having a joint checking account with her (my sister has no problem with me cashing the check)

The POA has expired.

 

[HomeGuru]

Blondie is correct.

 

[KevinK]

---"No. The check must go into an "estate account" that the Personal Representative/Executor opens after opening probate for your mother. Then, the funeral expenses can be paid with the money."---

Good enough. Two more questions:

1. Are the funeral expenses a top priority, assuming there might be other claims?

2: Can I do this myself, or will I need an attorney? (this is a check for only $5000)?

 

[anteater]

1. Are the funeral expenses a top priority, assuming there might be other claims?

In Indiana, it appears that funeral expenses come right after the costs of administering the estate. Unless the decedent was receiving public assistance, in which case, it seems to get complicated.

http://www.in.gov/legislative/ic/code/title29/ar1/ch14.html

 

[KevinK]

Is the estate thing something I can set up myself? Or does this require a lawyer?

 

[BlondiePB]

Is the estate thing something I can set up myself? Or does this require a lawyer?

Check your state statutes for administering a small estate/family administration that allows you to do this yourself without an attorney. This requires that the total value of the estate falls below a specific value. If this check is all that there is to probate, administration of a small estate is your "ticket". Bookstores also have good books about probate including self administration.

 

[KevinK]

OK, sounds good. Where do I go to even begin this process? Is it a county thing, a state thing...? I don't even know who to call to ask.

Thanks.

 

[anteater]

OK, sounds good. Where do I go to even begin this process? Is it a county thing, a state thing...? I don't even know who to call to ask.

Thanks.

It's a county thing. Check the Government section of your phone book. Should be a subheading for County and then look for Probate. Most court clerks are pretty good about getting you started.

Might also do an internet search for the county gov website. Sometimes materials are online. Also a search for Indiana Bar Association. State Bars often have some guides online.