Q: Mother passed away in Florida - the only asset to be managed is a single check for $7969.64 made out to her estate.
The check is a distribution from my late aunt's trust. We are unable to deposit it because we have no estate account for my mother. There was no probate process initiated for her because my parents' assets were combined/shared 100% -probate was done via my father's summary administration and that is finished.
We have asked the trust administrator if they would reissue the check in her name without "estate" on it so we could deposit it to an existing account with her name on it - or if they could reissue it to "her estate OR my father's estate" because late aunt's trust names both parents as heirs and previous distributions have been joint not split. If it could be issued with "OR" then could I deposit it to my father's estate account which is still open?
My brother and I are the only heirs and are named co-executors in her will- we are also beneficiaries of this trust behind our late parents. Is it realistic to think we can we get this check reissued so we can deposit it?
Generally speaking, you're right in thinking your first and best step is to talk to the trustee of the trust.
Depending on the language of the Trust there might be a fair amount of flexibility in how they can issue the distribution checks.
Additionally, in most trusts there is also language dealing with how the Trust deals with deceased beneficiaries. Often, those funds would then be distributed to the lineal descendants of the specific beneficiary who passed away.
Based on the information you provided it seems like there is a good chance the funds could be distributed to you and your sister but the only way to be sure is to consult with an attorney and have them review the trust.
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