Hemet, CA asked in Estate Planning for California

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.

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2 Lawyer Answers
Nina Whitehurst
PREMIUM
Nina Whitehurst
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

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

Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

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!

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