Estate-filter: How to cash a check made out to a long-inactive non-probate estate?
September 25, 2012 9:32 AM Subscribe
Misterben, my husband, is the sole beneficiary of the estate of his late grandmother, who died over twelve years ago. Last month, it came to light that his grandmother had a life insurance policy, and the insurer sent a check to Misterben's cousin D (his grandmother's niece, and the executor of the estate). Cousin D was unable to cash the check because it was made out in the name of the grandmother's estate. Neither the cousin nor Mr B have a copy of the will to prove that D is in fact the executor, since it was so long ago. The estate was too small to have gone into probate court, and neither Mr B nor cousin D remember the name of the lawyer who handled it.
What can Mr B and/or his cousin do that would enable them to get the check cashed? The estate was in Florida, D lives in South Carolina, and Mr B lives in Washington state. There are no personal issues between Mr B and his cousin, and the cousin is happy to pass along the money once she can cash the check. It is a not huge but not insignificant amount, so he does not want to let it go.
posted by matildaben to law & government (10 answers total) 1 user marked this as a favorite