Community Chat

[CrazyKittyLvr2]

I can't just sign my name on the back, it's in his name alone.

There was no estate opened, I was the beneficiary on everything and it all passed to me as a beneficary. Even his pension money, I was beneficiary. No need to open an estate.  I am not to go thru the expense of opening an estate and an estate account for less than $100.

It just something that it should take that long.

[Suziepeach]

Even though the check was to your husband, with you on the same checking account you could've deposited it even using your name, for deposit only and account number.

MIL passed away in October and the checks that might come in with her name on it, my husband deposits in his name as he's on her checking account too.

When my husband traveled I deposited all his checks with my name..

[mimomof4]

Did you double check with your back whether you could deposit the check?  While I haven't been in your position.  I sign checks which are written to my kids in my name and deposit into their accounts.  They are minors and I'm on the account so maybe rules are a little different.

Doesn't seem to me that you should have to create a separate estate account in this instance.  I'm sure this is not the first time this has happened to someone.

[Sage04]

@CrazyKittyLvr2 this happened to me also so all I did was write  ¨ for deposit only¨ with the account number.  I did not sign my name because the check was made out to him only.  His name is still on the account and so far no one has come after me lol

[NickNack]

@CrazyKittyLvr2   You can just put for deposit only and the account # on the back of the check.  You don't have to sign your name or his.

Edited to add:  My father recently died, and my sister and I are both on his account.  Our attorney told us that we didn't have to open an estate account since our names were on that account.  He got a reimbursement check after he died, and I deposited it that way.

[CrazyDaisy]

Same thing happen to my mom.  Your husbands name was on the policy so the refund check was issued to him.  She took it to the agent and they took care if it for her.  Had a check issued to the Estate of..... in less than a month

[Jordan2]

<p><li-user login="Retired Legal Secretary" uid="33295"></li-user>&nbsp;I remember when my brother passed away, we had to open an estate account in his name where all checks were deposited. We kept the account opened for at least a year.</p>

[Sheila P-Burg]

@CrazyKittyLvr2  ...... How did you manage to cancel the policy if it was in his name only?

Also, if you are the survivor on the checking account why is his name still on the account? With his name on the account, did the bank say they would not accept it?

[Icegoddess]

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@Jordan2 wrote:
<p><li-user login="Retired Legal Secretary" uid="33295"></li-user>&nbsp;I remember when my brother passed away, we had to open an estate account in his name where all checks were deposited. We kept the account opened for at least a year.</p>

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@Jordan2, not everybody has to open an estate account.  After my father died, the lawyer we went to claimed we had to put all the money in his checking account in an Estate account.  He had it set up to auto-pay some of the bills like the electric bill.  It also had all our names on it with "or" between them.  So, I told him, I had every legal right to go and empty it out if I wanted to.  He insisted, so my sister and I went to the bank.  The lady at the bank looked at it and said "that's your money".  She called up the lawyer, who now was no longer in the office, and left a message for him that she would not be setting up an Estate account and if he had a problem with it to call her back.  It was nice not to have to worry a bout those bills until the house was cleaned out and sold.  

BTW, if you don't go through Probate, you don't become Executrix.  My Dad set up his financial accounts so that they went directly to us (TOD accounts), so we weren't going to have to go through Probate unless we wanted to sell the house within 2 years.  However, it turned out he had one account that wasn't TOD, so we ended up having to do the Probate thing to gt that money.

I agree with the others, put For Deposit Only and the account number on the back and deposit it.  

[Tinkrbl44]

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@CrazyKittyLvr2 wrote:

My husband passed away in May of 2019.  Saturday I got a refund check of $94.91 from State Farm payable to DH..  I got ride of my car and it's a refund for overpayment since I had just paid the premium right before I sold the car.

Now I notified them of his death when he died, I'm the one that signed the paperwork regarding dropping the car insurance. Nope, check to him.

I can't cash it or deposit it even though his name is still on the account.  I am the survivor on the account and it went to me alone.

I called my agent and I have to send the check to them and they forward it to East Bejezzus where it will be reissued in my name.  It will take 4 to 5 MONTHS.

While $94.91 is not a financial hardship in any way, but really.  If I owed them that money they would want it right away.

Ya gotta love it.

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@CrazyKittyLvr2 

You're being awfully understanding about them keeping your money for so long.   4 to 5 months?  Where the heck is this check being processed?  Mars?

Personally, I would tell them that it's NOT acceptable and I want the check reissued within 2 weeks, or I want interest paid on the money due me from this day forward.   

The squeaky wheel gets the grease.   JMO