Q: My father received an inheritance check but passed away before cashing it. He was not married and I am his only child.
Amount was $25k, it's been 3 months and executor says she cannot reissue check to me without court approval. I already acquired his personal belongings.
The executor was of my father's parent's estate, the executor, his sister, wrote a check to him for his share, and I am asking for it to be reissued to me.
A:
Nonsense. The court-appointed executor of your father’s estate can deposit the check in the estate bank account and then write a check to you after all of your father’s debts are paid.
If there is no court-appointed executor for your FATHER’s estate, and if that is the only asset that needs to be collected, then you can collect it with a small estate affidavit. You can find forms for that online or a probate attorney can help you with that fora modest fee.
D. Steven Yahnian agrees with this answer
A: Sometimes companies say they need a court order, but a Small Estate Affidavit can work in many instances. A lawyer would need to know if your father had a trust or will, and the dollar value of his assets at the time he passed before giving practical advice in your case. But, a Small Estate Affidavit MAY work in your situation. Best wishes!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
