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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 6848
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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My son received a settlement check in the mail 3 days ago,

Customer Question

my son received a settlement check in the mail 3 days ago , problem is he passed away 4 years ago. i can i deposit this check in my checking account holding the money for his 4 year old son? if not can i have check deposited into trust fund for his son?
Submitted: 3 months ago.
Category: Estate Law
Expert:  Irwin Law replied 3 months ago.

No you cannot legally endorse the check and deposit it. Technically the money belongs to his heir, and can be transferred to the child using the Missouri small estate affidavit form. http://www.courts.mo.gov/hosted/circuit13/forms/BNE_ProbateAffidavitForCollectionOfSmallEstate.pdf

This means that the check must be returned to whoever issued it, to have it reissued in the name of the son's estate, or nyour grandson. Depending on the amount of the check, you may have to open up guardianship to hold money for him.

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