QUESTION

How do I cash a check made to the estate of if there is no estate?

Asked on Aug 28th, 2020 on Estate Planning - Alabama
More details to this question:
My husband whom I was seperated from passed away in February. I received a check recently made to his estate, but he didn't have any estate set up, nor is it needed to set up because he didn't really own anything. I'm just trying to figure out how I would cash this check. It isn't a large amount, but enough that I would hate to not be able to get the money for his kids.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
You cannot cash the check without opening an estate.  If you do not want to open an estate, you can wait four to six years (it varies by state) for the funds to go to the state comptroller and go through the document-heavy process of proving that were there an estate, you would inherit and try to get the money that way.
Answered on Aug 29th, 2020 at 5:08 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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