Insurance/legal question

Discussion in 'Community Discussion' started by glocke12, Jan 9, 2009.

  1. glocke12 macrumors 6502a

    glocke12

    Joined:
    Jan 7, 2008
    #1
    After my father died 2006 I moved in to help with my mothers care, at the time her address became my legal place of residence..

    6 months after that, someone broke into my car, stole about 3k worth of stuff, than later that year my mother died.

    I just now got the settlement check for that. Problem is it is made out to my parents, and not me. Since they are both deceased, how do I go about either trying to cash this check or getting reimbursed for my stolen stuff?
     
  2. CorvusCamenarum macrumors 65816

    CorvusCamenarum

    Joined:
    Dec 16, 2004
    Location:
    Birmingham, AL
    #2
    Are you the executor of the estate? If so I imagine all you'd need to sort it out is proof of that along with death certificate(s).

    My fiancee had a similar issue come up a couple years back; her father had passed and she was finally able to dispose of one of the houses. The check was officially made out to him as it was his house but with the aforementioned paperwork she was able to deposit the proceeds into her account.
     
  3. glocke12 thread starter macrumors 6502a

    glocke12

    Joined:
    Jan 7, 2008
    #3
    There was an estate for my father, but none for my mother....and I think my mother was the executor of his estate.
    there is a will for her, but my brothers are listed as co-executors. One lives out of the country and is hard to deal with...

    Why do I think Im Fu@@ed? I had a $$3,000.00 guitar stolen along with some electronics.
     
  4. Rodimus Prime macrumors G4

    Rodimus Prime

    Joined:
    Oct 9, 2006
    #4
    legally speaking you have to split it with your brothers. Now you might be able to work it out with them that they understand the 3k is yours and do not count it as part of the splitting up of the assets.
     
  5. Sun Baked macrumors G5

    Sun Baked

    Joined:
    May 19, 2002
    #5
    Depends on who the insurance policy was with, if the insurance policy was in your moms name -- you'd likely be screwed.

    If your name was anywhere on the policy, then you should be able to get the check reissued.

    I've taken 3 year old insurance checks down and had them reissued for a higher amount. Didn't cash the check due to a "final settlement" on the check, go a new higher check without the dreaded word on it and kept the insurance company keeping the lifetime warranty on their repair in place.

    ---

    Look at the theft loss deduction, and you may still at least be able to claim it on your taxes if you are unable to get the check reissued and lose the chance at getting the money.
     
  6. AppleMatt macrumors 68000

    AppleMatt

    Joined:
    Mar 17, 2003
    Location:
    UK
    #6
    No-one has even asked where you live yet!

    Ring a lawyer, it's a common problem.

    AppleMatt
     
  7. glocke12 thread starter macrumors 6502a

    glocke12

    Joined:
    Jan 7, 2008
    #7

    WHen I moved back the place became my legal place of residence, but I was never added to the policy...

    The banks keep telling me if there was an estate setup it would not be an issue. However, my one brother that lives out of the country is pretty much the largest ******* on earth and refuses to either waive his right to be a part of the estate, or to agree to become a coexecutor of any estate. FWIW there really isnt anything to setup an estate for.

    Ill call a lawyer monday, but Im sure someone on here must be familiar with situation like this.

    BTW, i live in PA>
     
  8. AppleMatt macrumors 68000

    AppleMatt

    Joined:
    Mar 17, 2003
    Location:
    UK
    #8
    No doubt, and I'm sure everyone here will (and has) acted with the best intentions. They could well even be correct.

    The problem is you have summarised what has happened, and you have already (unconciously) made a decision as to what facts are important and what aren't - evidenced by you adding to them in later posts. That's no good, and no-one here can give you an informed answer based on what you've said.

    I don't want to appear short with you here. I'm sorry for your losses, and therefore feel it's important to seek to prevent further ones. Imagine telling someone in six months time 'well I asked on the internet and someone said'. No doubt losing two relatives, having another difficult one and having the car smashed is stressful enough - give the problem to someone else who is trained to act in your best interests and forget about it until they call you with the good news.

    AppleMatt
     
  9. glocke12 thread starter macrumors 6502a

    glocke12

    Joined:
    Jan 7, 2008

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