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Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.
Whether or not you would be able to cash the check depends on the exact wording of the pay to the order of line. If it reads "Pay to the order of your wife re: you" you will likely not be able to cash it. Instead, the check should be reissued in the name of your wife's estate and be negotiated by the executor of the estate. If there is not a executor, an attorney can help you determine how to navigate estate laws in your area. But, if the check says "Pay to the order of your wife OR you" or if it says "Pay to the order of your wife" on one line and then your name on the next line, you may be able to cash it, since it is technically payable to either your wife or you.
Usually, endorsing a check is done when you want to deposit or cash it, but it can also be done if you want to make a check payable to another person or party besides yourself. It's when you sign your name on the back.
you need:DD Payable To - The name of the person/organization who is going to cash the DDDD Payable city - the city where the DD can be cashedDD Amount - The value of the DD
I think you can do this by placing the real estate in the name of a trust. I am not an attorney.
Be honest and give your sister her check back. ;). She would have to write "pay to the order of (name of account holder)" along with her endorsement.
Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.
Whether or not you would be able to cash the check depends on the exact wording of the pay to the order of line. If it reads "Pay to the order of your wife re: you" you will likely not be able to cash it. Instead, the check should be reissued in the name of your wife's estate and be negotiated by the executor of the estate. If there is not a executor, an attorney can help you determine how to navigate estate laws in your area. But, if the check says "Pay to the order of your wife OR you" or if it says "Pay to the order of your wife" on one line and then your name on the next line, you may be able to cash it, since it is technically payable to either your wife or you.
Yes. He should name you as the beneficiary and your children as contingent beneficiaries. That way it will not become part of his probate estate.
Insurance companies make mistakes quite often. First, verify that you are not the named beneficiary on record with the insurance company. Second, ask the bank if the check can be deposited into the estate account if you haven't done that already. Make sure you have a copy of your Letters Testamentary as proof of your authority as executor. If that doesn't work then you will need to return the check and ask that the check be made payable to the estate. You should call the insurance company first to determine what their procedure is and to obtain the name of a representative who will help you obtain a replacement check ASAP.
When you were appointed the executor the court issued "Letters Testamentary" in your name. That is your legal authority to represent the estate and sign any checks made payable to the estate or to the decedent. You should bring a copy to the bank where the decedent had their account and speak to the manager about cashing the check. The bank may put a hold on the funds until the check clears. Once you are certain there will be no more checks issued to the estate you can then close the account. If the decedent had no bank account then you should seek advice from the attorney who is handling the estate. If you do not have "letters Testamentary" then you are not the duly appointed executor and have no right nor authority to cash the check.
No. Firstly you cannot cash a check made out to another person and it is a crime. Secondly, if you want to open an account in your name, you can use only cash or a check that is payable in your name i.e., the name of the account holder. If you try to use the other persons check, the bank may politely refuse you or in worst case raise a complaint against you for forgery with the cops.
UCC 3-309(a)(2)-- check is treated as "payable to bearer."
No. It is illegal. Only the person on whose name the check is issued can cash it. If the person to whom the check is issued is dead and you are the legal heir of the beneficiary then you can cash it. In all other cases - NO.
Is No. 1 - Forgery and No. 2 - Not Possible. you can only cash checks that are payable to your name/account.
Only if it is a joint account or payable on death to the "common law spouse". If it is a sole account in your mother's name then it is a part of her estate.
Check the decedent's name in the probate court index in the jurisdiction where they lived. If their estate is being probated there will be a file number. You can request the file and look inside for the attorney who is handling the estate.