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Setting up an estate
The father of my sons was killed in a car accident. The auto insurance will pay a death benefit, but they will only pay to an "estate". There other requirement is a death certificate. My ex had an Illinois drivers license, was living in TN with his brother and the death certificate shows residence "unknown".
His son and I reside in Florida I was told that I had to contact an estate attorney in the county of the state where he resided to do this for me and that it was something I could not do myself. Who would I contact, where do I start? Help Thank you |
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The first thing that needs to happen is for an executor to be appointed for the estate. Assuming he died without a will, someone will have to file with the probate court, probably in TN. Once the executor is appointed, that person go to ANY bank, anywhere. Present the documentation showing them as executor and open an account in the name of "Estate of...". Checks made out to the estate of can then be deposited and the executor can write checks on the account. Where you or your son named as beneficiary under the auto policy? Probably not since the insurance carrier wants to issue a check to the estate. Also, distribution of any funds paid to the estate need to first be used to pay outstanding debts. After that, whate3ver is left can be distributed according to the rules found here: CCH Financial Planning Toolkit | Tennessee Intestate Succession Laws |
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