How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ray Your Own Question
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36937
Experience:  30 years in civil, probate, real estate, elder law
8534270
Type Your Legal Question Here...
Ray is online now
A new question is answered every 9 seconds

I received a check from my late husbands employer I/A/O

Customer Question

I received a check from my late husbands employer I/A/O $828.00 for unsed vacation time. The check is made payable to the estate of A.H. There is no estate, the bank won't cash it and the check cashing institutions won't cash it because it's made payabale to the estate of A.H. I contacted his employer and ws told I shouldn't have a problem cashing it. He made me his beneficiary as far as his benefits at work. Where do I go from here? It's not a lot of money and will probably wouldn't be worth the court and legal fees.
Mary
Florida
Submitted: 2 months ago.
Category: Legal
Expert:  Ray replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 2 months ago.

Here you need to file a small estate affidavit here in Florida probate court in your county and then you can return the check and ask that it be made out to you, or if you have to open an estate account deposit the check and then in say 3 weeks when it clears take out the funds.If you go this route I would keep the estate account open here for say a year or so with $25 in it in case you get another check.It is real common people who decease get refunds or other checks made out this way.

Affidavit here

http://smallestateaffidavit.com/free-small-estate-affidavit-form/

Expert:  Ray replied 2 months ago.

Here is the proper form, please disregard the other site above.

ESTATE AFFIDAVIT

(FOR ESTATESWITH TOTAL VALUE OF UNCLAIMED PROPERTY IN THE AMOUNT OF $5,000 OR LESS)

1. Deceased Owner’s Name (the “Decedent”):

2. Account Number(s):

Amount(s): $ $ $

3. Dateof Deceased Owner’s Death:

4. All funeral expenses,expenses of last illness, and all other lawful claims of Decedent’s estate have been paid.

5. I am unawareof any dispute or potential conflictin regard to the estate and/orthe will of Decedent.

6. I understand that I shall be personally liable for all lawful claims against the estate of the owner, equal to thevalue of the property I receive. I also understand that I may be liable for attorney’s fees and legal costs if any heir is found legally entitled tothe property I receive pursuant to this affidavit.

7. Select either a) or b):

a) The Decedent left no will. Noprobate proceedings are pending in regard to Decedent’s estate. Allheirs have amicably agreed upon adivision of the estate. Select one of the following:

(1) The heirs are the direct descendants of the decedent.

(2) There are no direct descendants of the decedent. The heirsare the decedent's fatherand mother, or the surviving father or mother.

(3) The decedent has no direct heirs nor survivingparents. The heirs are the decedent's brothersand sisters or the directdescendants of thedeceased brothers and sisters.

(4) Other relationship. Please specify:

All persons, who are listed as being entitled to the Decedent’s estate before me under the intestacy laws of the state in which the Decedent resided atthe time of death, are deceased.

The names and addresses of Decedent’s heirs and, the portion of the estate agreed upon by each heir, and the relationship of each heir tothe Decedent are as identified onthe second page of this estate affidavit.

b) TheDecedent left a will. Noprobate proceedings are pending in regard to Decedent’s estate. An unaltered copy of this will isattached. To the best of my knowledge and belief,this will is Decedent’s last will which was signed by the Decedent and the attestingwitnesses as required by law, and would be admitted to probate. The names and addresses ofthe beneficiaries, the portion of the estate,if any, to which each is entitledin accordance with the will, areidentified on the second page of this estate affidavit.

8. Complete and sign the second pageof this Estate Affidavit and attach the proof of identification as requiredon the claim form.

FormDFS-UP-1243, Revised 01/03/2005

BENEFICIARY VERIFICATION

Underpenalties of perjury, I declare that I have read this affidavit and that all of the information contained herein is true.

PrintName and Mailing Address Relationship Age Portion of Estate

To Decedent

% $

Signature

SS#

PrintName and Mailing Address Relationship Age Portion of Estate

To Decedent

% $

Signature

SS#

PrintName and Mailing Address Relationship Age Portion of Estate

To Decedent

% $

Signature

SS#

PrintName and Mailing Address Relationship Age Portion of Estate

To Decedent

% $

Signature

SS#

PrintName and Mailing Address Relationship Age Portion of Estate

To Decedent

% $

Signature

SS#

Print Name and Mailing Address

Relationship

To Decedent

Age

Portion of Estate

% $

Signature

SS#

Expert:  Ray replied 2 months ago.

I am not set up for calls but can do unlimited chat here, sent you an offer to do that.If you accept you can ask away until we are done and you are out of questions.

Expert:  Ray replied 2 months ago.

Florida, unlike some other states, does not have a "small estate affidavit". There is a procedure call "Petition for Disposition Without Administration." It requires that the tangible personal property subject to probate not be worth more than the total of the funeral expenses and medical bills for the decedent's final 60 days. You have to provide a copy of the paid funeral bill in most counties, as well as copies of the medical bills. The filing fee is $231.00.

This is the way to resolve this using the form I gave you above.This then allows you to open an estate account or to return check to employer and ask that it be reissued in your name as sole heir.

Expert:  Ray replied 2 months ago.

If you accept the offer of unlimited chat be happy to answer all your questions here online,thanks again for the chance to help.

Related Legal Questions