QUESTION

how to cash a check for my late husband

Asked on Oct 07th, 2020 on Wills and Probate - Georgia
More details to this question:
my husband died in April 2020, I recevied a check made to him that is a rebate from his health insurance from 2019. His checking account was closed in May. Am I allowed, as his widow, to cash that check? It is made out to him
Report Abuse

2 ANSWERS

Wills Attorney serving Alpharetta, GA
4 Awards
Please accept my condolences on the loss of your husband. If you have opened a probate estate for your husband, the check should be deposited into the estate's account. You can't just put it into your own account. However, if there is no estate open, if your husband didn't have a Will, if there aren't really any other assets in his estate of any siginificance, and if you don't need to open the estate, you may be able to have the bank that issued the check cash it for you, using a specific statute under Georgia law. If he had other assets in the estate, then you may need to open the estate, in which case you would use the estate's account, or you may be able to make a claim for year's support instead of opening the estate. If he had a Will, however, then you may have to either probate it or make a year's support petition to cash that check. There are a lot of potential options. Unfortunately, no one in this kind of forum can really tell you exactly which ones are going to be the best ones for you, because there's too much additional information that is needed to tell. Consult an attorney, or contact the probate court if you can't afford an attorney, and see if there is a probate information clinic available where someone can help you. Best wishes to you.
Answered on Oct 08th, 2020 at 1:00 PM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

Report Abuse
Wills Attorney serving Austin, TX
2 Awards
You must open an estate account, having been appointed by the court to settle his estate, and deposit the check in that account.  Talk with a probate lawyer who practices in the county in which your husband died about the cheapest way to do this.
Answered on Oct 08th, 2020 at 6:05 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.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters