AI Legalese Decoder: Simplifying Insurance Claims After Mother’s Passing and Tree Damage
- May 4, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Overview
My sister is the Executor or Administrator of the Estate and we currently have an Estate banking account. However, a tree recently fell on my mother’s house and her insurance is covering the cost of repair. The insurance company has specified that the check must be written to “The Estate of [Sabbatai’s Mom] and [Contractor’s Name]”.
## Problem at Hand
Although the insurance company is firm on including both names on the check, the bank is refusing to deposit it unless it is solely written to “The Estate of…”. Both parties have stated there are no exceptions to these requirements.
## Proposed Solution
In this situation, utilizing AI Legalese Decoder can be extremely beneficial. By inputting the relevant legal documents and communication from both the insurance company and bank, the decoder can analyze the language and regulations to provide guidance on potential next steps. Additionally, seeking legal advice and exploring the option of endorsing the check and transferring it to the contractor could be a possible solution to navigate this complex issue.
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If there’s an “and”, both parties have to endorse the check before either can deposit it.
I’m confused why the contractor has to be on the check. Is there a contract/assignment-of-benefits entitling them direct to the insurance proceeds? Does the policy say anything about that being necessary?
Insurance Adjuster checking in. From the information you have given, I would assume the contractor has submitted the signed contract to the insurance company that most likely includes a “Direction to Pay”. The insurance company is obligated to include them as a payee per the contract you/your sister signed. You could request that the contractor contact the insurance company state they do not need be included in the payment, usually some sort of written communication is needed, like sending an email. You can then request the insurance company void the first payment and reissue it with just the estate. Then the check can be deposited into the Estate account.
OP already figured this out. You endorse the check as Executor. Then you give it to the contractor.