QUESTION

How to cash an estate check?

Asked on Jun 15th, 2020 on Wills and Probate - Florida
More details to this question:
My mom is a surviving spouse and we had a pretty seamless transition in regards to any financial changes (bank account removed dad's name when provided a copy of the death cert.). Mom just received a small check (< $400) as a refund from dad's health savings account. The check was made out "To The Estate of....." Mom's bank says they can't cash it. We don't want to spend lots of money for a probate attorney for such a small amount....likely the attorney's fee would be more than the value of the check. We don't believe there will be any further checks to make it worth hiring an attorney .....so are we just out of luck and mom will loose out on that money?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
There is a small estate procedure in Florida but you are correct:  even that would probably cost more than $400, most of the $400 being taken in court filing fees.  If you do nothing, in four to six years (depending on the state), the funds will go to Unclaimed Property with the state comptroller.  Your mother can apply for them then.  It is a hassle.  It takes time.  But it does not involve court filing fees or lawyers.
Answered on Jun 16th, 2020 at 5:46 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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