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  Home >> Special Situations >> Deceased Individuals  
Check to: "Mom in Law": What to do?

My mother-in-law died late last year. My wife was to be the beneficiary of the life insurance policy, but the company denied the claim and sent a check to us, simply for the premiums. The check was made out "to the estate of MOM IN LAW". My wife cannot deposit this check. It's only about $1200. I have no idea how probate court and that route works, but the amount is nominal enough to negate the time and expense to even look into it(I believe). Is there any way our bank can assist in cashing this? We have all the papers from the insurance company and her death certificate; we just want to be able to deposit this check.

Untitled

You can certainly talk to your bank about the check, but the only way to legally cash or deposit it is by having someone appointed by the probate court as the executor or administrator of your mother-in-law's estate. That individual can then negotiate the check on behalf of the estate.

Contact the clerk of the probate court to determine whether there is any "probate-lite" law in your state that provides for a lower cost probate alternative when very limited assets, such as the check you've described, are involved. Then weigh the cost-benefit of proceeding.

Published on BankingQuestions.com 8/18/10