QUESTION
A man dies, his fiancee receives a check made out to the man for $93, she is the executor and the estate has been settled for 3 years. Can she cash it
Asked on Sep 07th, 2013 on Estate Planning - Colorado
9 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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No. She should call the probate court or the attorney who handled the estate.
Answered on Oct 21st, 2013 at 2:53 AM
3 Awards
The estate needs to be reopened unless the final order authorizes her to collect additional sums. Absent language in the Order approving Final Account and distribution that gives her that authority, it is not worth the expense of reopening the probate estate for $93. Try sending the check back with the Order on the final account, maybe they will reissue it based upon that.
Answered on Sep 10th, 2013 at 5:05 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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She can try. The bank may ask to see *recent* Letters of Authority. She will not be able to get those unless she reopens the estate, which will require a filing fee of $150. In that case, it makes little sense for her to proceed. Perhaps the bank will provide her with a solution, however, given the relatively small size of the check.
Answered on Sep 09th, 2013 at 5:18 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Who got the proceeds of the estate? That person should get the money. If it is the fiance, yeah, go ahead and cash it, presuming that the money should be paid and not returned because he is dead.
Answered on Sep 09th, 2013 at 5:17 PM
2 Awards
Who is the beneficiary of that money? Whoever that is receives the money. If it is you, you can take the order to the bank and cash it.
Answered on Sep 09th, 2013 at 5:17 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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She is not wrong to cash it, and then distribute as the estate was distributed. However, it is going to be difficult. If it proves to be impossible, return the check, wait for it to become unclaimed property, and claim it from the Division of State Lands.
Answered on Sep 09th, 2013 at 5:16 PM
Thomas Edward Gates
She needs to be appointed the executor by the court. She would have no authority (unless she is the executor) to cash the check. The executor would need to petition the court to reopen probate so that check can be cashed.
Answered on Sep 09th, 2013 at 5:16 PM
Estate Planning Attorney serving Spanish Fork, UT
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Prigmore Law
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In Utah, the executor is not considered the official personal representative until a probate is opened and a personal representative is named. Even then, the personal representative would not sign as the deceased, but would instead demand a check made out to the estate that can be cashed by the personal representative. If the estate was a small one, then a "small estate affidavit" can sometimes be filed with the maker of the check to request payment be made to one of the heirs of the decedent to be divided properly.
Answered on Sep 09th, 2013 at 4:55 PM
No. Consider having the payer issue a new check.
Answered on Sep 09th, 2013 at 1:11 PM