My husband died in June. We had separate checking accounts, and no Will or assets. In preparing to close the account, I came across several uncashed unemployment checks he received in the months prior to his death. None were for the month in which he died. Can I legally get these cashed, or should I hold off closing the account until I see about his checks?
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The checks can legally only be cashed by the administrator of your late husband's estate, because they are part of that estate. Even so, however, state law might prevent the checks from being cashed after the payee's death.
Talk with the office that issued the checks to determine if they can be reissued, preferably to you, as your husband's next of kin. However, it's possible that state law will require they be reissued to the estate, in which case, someone will have to initiate at least minimal probate proceedings to get appointed as administrator.
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