Claim check issued to me and a deceased individual

by Christian
(Texas)

I was involved in a two car accident and subsequently my car was deemed a total loss. I received a check from the other person's insurance company for my vehicle.

The check is issued to me and the "owner" of my car, who is now deceased. This person was an elderly family friend who gave me her car about a year ago. I do have the title, but she never signed it over to me.

Ownership is not in question as her family agrees that the car is mine. But how do I get the insurance company to re-issue the check in my name only so I can cash it...need a new car right now. I live in the state of Texas.

Thank you,

Christian


Answer:


Hello Christian,

Well, this may take some time, unfortunately.

There are couple of avenues that could be faster. The personal representative of the estate of the deceased could sign the check and present it to the bank with the proof of being the Personal Preventative and the death certificate.

The other is to wait that this person's state be probated and have the trustee give you the title.

I am not sure after that. Consult with a local lawyer.


Good Luck,
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Spokane Washington