Cordova, AL asked in Estate Planning for Alabama

Q: Can I cash my deceased sisters settlement check?

My sister passed in March. She didn't have and assets or children so their was no reason for a will. Yesterday I received a check made to her in a class action lawsuit. Can I do anything with it?

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1 Lawyer Answer
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: Unfortunately, no. You would have to follow some sort of probate procedure to get the funds transferred to her intestate heirs. The amount of class action settlement checks are normally so small that unless there are other assets, just the costs of publication (not to mention assistance of an attorney) would exceed the value of the check. But you didn't say how much it was, so if it substantial enough to warrant spending money on attorney's fees and publication, you should contact a probate attorney for assistance in the county where she had lived.

Tim Akpinar agrees with this answer

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