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You must apply to the court for authority to act for the payee's estate. The funds belong to the decedent's heirs and the court must determine who they are.
They can file a petition in the probate court requesting a copy of the will.
Once the individual is deceased, they would apply to the probate court. If there is a will, it may name an executor, if not, there is usually a form to fill out and have signed by the heirs.
In most countries you can not do this because it is not legal to cash a check made out to a deceased person. What needs to be done is that the executor of the deceased estate must obtain from a court a grant of probate for the deceased estate and, with is legal document, write to the supplier of the check and ask them to re-issue the check in the name of the deceased heirs.
The names of the three girls who were the heirs to the estate of the deceased man were Mary, Elizabeth, and Jane.
Sort of. A creditor can sue the deceased's estate for repayment.
You can bring your story to the court during the statutory time period allowed for making objections to the will. The court will hear the story and then decide whether or not to allow the existing will. A written will usually takes precedence.
Only if one of the heirs was specifically named as a joint owner of the account(s). Otherwise, only the "Executor" of the deceased's estate could obtain them. However, if the deceased died without a will ('Intestate') the heirs could eventually obtain the banks records via an order of the Probate Court.
Any answer given here would make no difference. If the heirs to the estate were not named in a will that the deceased left, then the Probate Court will decide on who the heirs will be. The process is often not a logical, nor a happy, one.
If the three deceased heirs aren't mentioned then the 40 percent will be distributed to the two remaining siblings and the family of the three deceased. It is likely that the three deceased siblings had a will that will ultimately determine what needs to be done with their portion.
Heirs at law are the persons who would inherit the property of a decedent who died with a Will.Heirs at law are the persons who would inherit the property of a decedent who died with a Will.Heirs at law are the persons who would inherit the property of a decedent who died with a Will.Heirs at law are the persons who would inherit the property of a decedent who died with a Will.
They want to make sure there are no further claims against the estate. Yes it will delay the heirs receiving their distribution.