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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35332
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My aunt recently passed away, I am the beneficiary of her life

Customer Question

My aunt recently passed away, I am the beneficiary of her life insurance, but unfortunately we did not get around to the bank; I have 2 checks that I do not know what to do with, one is for $214 from her last week of work made out to her and the other is for $400 from her bank account made out to the estate of her. There is no estate can I do to get these cashed before they expire, (set up an estate, petition the court)??????
Submitted: 10 months ago.
Category: Estate Law
Expert:  Barrister replied 10 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question..Does aunt have any unpaid debts that you are aware of?.Did she leave a will?.Do you have any idea as to the value of her estate?.Did she have any children or siblings that are still alive?.Any real estate?..thanksBarrister
Customer: replied 10 months ago.
some credit cards(have no idea amounts)
no will
there is no estate(this is all there is)car is going back
1 daughter, who is mentally unstable(addicted to pain meds)
no real estate
Expert:  Barrister replied 10 months ago.
Ok, unfortunately, there is no way for you to legally cash the checks because they belong to her estate and would have to be used to pay any final debts or expenses of the estate. If there was money that was left over after paying all debts and expenses, then legally it would go to the daughter. And the only way you could legally endorse them and deposit them is if you filed a probate case and were formally appointed as Administrator of her estate by a probate judge..Since it wouldn't come to you under the law, there is no reason for you to take any action with regard to filing a probate case because there is nothing for you to gain in doing so...thanksBarrister
Customer: replied 10 months ago.
So do I just file them away, and then were does the money go from there?
Expert:  Barrister replied 10 months ago.
So do I just file them away, and then were does the money go from there?.Unfortunately yes. After a few years, the payor would then turn over any unclaimed funds to the state unclaimed property office where they would sit until an heir contacted them to claim the funds. Since she has a daughter, she would be the only one who could claim them eventually as long as she was alive. If she passed, then it would be aunt's siblings that could claim the funds....thanksBarrister
Customer: replied 10 months ago.
Well, Thank you, ***** ***** I do not have to wonder any more about what to do
Expert:  Barrister replied 10 months ago.
You are very welcome, even if the news is kind of lousy...If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me...thanks muchBarrister