Asked in Bankruptcy, Estate Planning and Probate for North Carolina

Q: Need to cash a check that has my deceased husband and me on it. Bank won’t accept because it is more then$10,000.

The settlement came in my name but went through bankruptcy court to pay both our debts. The rest comes to me. But has both our names on it. Husband had no assets of value. Never opened probate estate I just pay his bills as they came in. Now what do I do

2 Lawyer Answers

A: It sounds like the check came from the bankruptcy trustee. Contact the trustee and ask to re-issue the check in your name only. Be prepared to submit the certificate of death for the Trustee's due diligence.

Timothy Denison agrees with this answer

A: I agree with the other answer but you may also have to open an estate and be appointed as the administrator in order to negotiate the check due to ita large size. The Trustee may refuse to issue it in your name only because theoretically, your husband could have other heirs besides you.

Timothy Denison agrees with this answer

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