Clinton, MS asked in Probate for Mississippi

Q: My mom received a stimulus check for her small business that was in her name and passed away shortly after

The business was hers for over 50 years and in her name. Does her second husband get the money or does it have to be divided with heirs or even returned?

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Probate Lawyer
  • Crossville, TN

A: The stimulus check is now an asset of your mother's probate estate. It does not have to be returned. The answer to the question of who gets that money depends on a lot of factors such as whether or not your mother had a will and, if she did have a will, what she said in it about the disposition of cash assets. If she did not have a will, then the check would be distributed according to the laws of intestate succession in the state in which she was domiciled when she passed.

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