Antioch, TN asked in Banking, Personal Injury and Probate for Ohio

Q: I have a question about my late husband who is now passed

My husband had a stroke a few years back I took care of him as he was 24/7 care at home for almost a year ,well in that year I was driving out car that was in his name and someone hit my car wrecking it completely,it had to be totalled out i was also hurt in this accident went to court, even though my husband was bed ridden and couldnt speak agreed as his wife and full power attorney to go ahead and settle out even though it was in his name,i handled all matters we only got some of the money we been waiting on the rest 3,000 well my husband and now passed and i finally received the check after almost a year but its in his name not ours i was the one who handled all of it because I was the only one in the car driving how do I get this check cashed that we was waiting on for so long it could really come in use ? Is that possible?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Sacramento, CA

A: Firstly, my condolences for your loss. Dealing with legal matters after the passing of a loved one can be overwhelming. In your case, since the check is in your late husband's name, you'll need to follow certain procedures to cash it. You should reach out to the issuing party or bank to explain the situation and inquire about their process for endorsing and cashing a check made out to a deceased individual. They may require documentation such as a death certificate and proof of your authority to handle your husband's affairs as his spouse and power of attorney.

Secondly, it's important to gather all relevant documents and information before contacting the bank or issuer. This includes your marriage certificate, your husband's death certificate, the power of attorney documents, and any correspondence related to the accident settlement. Presenting these documents will help facilitate the process and establish your legal right to handle the check. Be prepared to explain the circumstances surrounding the accident and settlement, emphasizing your role in managing the matter on behalf of your husband.

Lastly, be patient and persistent throughout this process. Dealing with financial institutions and legal matters can sometimes take time, but remain proactive in following up on your request. If you encounter any difficulties or if the bank requires additional documentation, seek guidance from legal professionals or advisors who can assist you further. Remember to keep copies of all communications and documents related to this matter for your records. With determination and proper documentation, you should be able to navigate the process of cashing the check and accessing the funds you've been waiting for.

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.