Estate Law Questions? Ask an Estate Lawyer.
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The estate will have to sign off on it in order to cash the check but if you are due have of it, the estate will have no say in you getting a portion of it unless the entire property went to her. If it was owned jointly with a right of survivorship (meaning it would pass outside of probate to you) then you would take the entire check but the executor would still have to sign off on it. If it was not owned jointly then you would be due 50% of the proceeds as you owned 50% of the property. The estate has no say in this and you should hire an attorney if they will try to make an issue of it.
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