Macomb, MI asked in Estate Planning for Michigan

Q: minor children getting money, how to make out check to them

I am the personal representative. There was a will, but it didn't mention this pension payout and the pension payout did not have a beneficiary listed. ($40,000 split between 2 children ages 7 and 9) The next of kin are minors that live with the father, who is divorced from the deceased. Since the father is the legal guardian, I believe I need to make out the check to him. What do I put in the "payable to" blank on the check. Whatever the father does after he gets this money apparently is not my concern, but I need to make the check out properly.

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: You’ve asked this question before/elsewhere. You do NOT make the check payable to the father. But the father may need to create a trust or set up a conservatorship.

This is not a DIY situation. Please seek representation from a local probate attorney ASAP. There are many traps for the unwary— you don’t want to fall into any of them!

— I am licensed to practice in Michigan only and this answer is offered for information only and does not constitute legal advice or create an attorney-client relationship.

Please seek licensed local legal representation!

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