Q: I am the executor of the estate for my mother and father and both of their names are listed on deed/property. Today, I
Tried to sell property and could not complete closing because closing attorney stated they had to make check out to the estate of my mother and the estate of my father as one check.The bank will not accept check in both names. Closing attorney states title company refuses to cut 2 separate checks: 1 check for estate of my mother and 1 check for the estate of my father. I have 2 separate letters of administration from probate and 2 separate EIN#s for both parents. Why is this so difficult? How can I sell property?
A: Assuming I understand you correctly, you are the administrator for each of the estates, and have opened an estate bank account for each estate. I assume that each of your parents owned an undivided interest in the property as a tenant in common. I would think that if you endorsed the check as administrator for each estate, you should be able to deposit the check into one of the accounts. I do not believe there is any legal reason the bank cannot accept the deposit if the check is properly endorsed by you as administrator for each estate. You might try dealing with someone else at the bank, or its legal department. If that does not work, I do not understand why you, as the seller of each interest in the property, cannot direct the seller to issue one check to you as administrator of one estate, and another check to you as administrator of the other estate. This response is intended to provide general information only, and not legal advice about this particular matter. I recommend that you consult with a probate attorney.
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