QUESTION

Can I cash escrow checks in my late husbands name?

Asked on Apr 21st, 2021 on Wills and Probate - Michigan
More details to this question:
My husband died three years ago. Escrow checks come in his name. My name is on the deed not the loan. I pay the mortgage and live in our home. No will. Is there a way for me to cash the checks?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
You can only do so after a judge either signs an Affidavit of Small Estate or declares you an heir and appoints you administrator of the estate.  In either case, the funds should first go into a bank account for the estate.  Talk with a local probate lawyer to determine which of these approaches is best for you.  If the amount is small, you may prefer to let the funds go to unclaimed property and after four to six years (It varies by state), prove to the state comptroller that you are the heir and the only heir.
Answered on Apr 22nd, 2021 at 5:12 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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