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Asked 3/31/2009

My mother in law passed in February of 2009 and my Dad was sent a check for the balance in the account of over $3,000. The only problem he had they sent it to him in the estate of and his bank would not cash it.

This is contuinued from above, We call the insurance company and they told us just to return the check along with a marriage certificate and they would reissue the check in my dad's name. We did that and now they say we need a legal form stating that he is entitled to the money...There is not an estate and there was not a will. They were husband and wife. He has recieved the 401K, and the Insurance with not a problem. How do we handle this.
Thank you for your hep

 
 
 
 
 
Answers

Answer 1/3 - Submitted 3/31/2009

All you need is a small estate affidavit. Depending on what State is involved, you can obtain one online by doing a search for your State and the words Probate Small Estate Affidavit. You will find it in your search and be able to complete it yourself.

 
 

Answer 2/3 - Submitted 3/31/2009

Do we need a legal form stating that there is no estate and no will If the company was willing to issue a check in the estate of, why would they not issue a new check in her husbands name. What can we do to fix this problem for him.

 
 

Answer 3/3 - Submitted 3/31/2009

EVERYONE no matter how small has an estate.... If you own a pair of socks when you die - you have an estate...... $3000 is an estate..... do as I had instructed above... it is simple and its all you need.

 
 
 
 
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