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Loren, Attorney
Category: Estate Law
Satisfied Customers: 34497
Experience:  30 years experience in the practice of estate law.
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My wife received a check for insurance to her deceased

Customer Question

Hello, my wife received a check for insurance to her deceased Mother and we wish to know is there any way we can cash this if we report the taxes to IRS.
Her will was never probated and her mother may owe IRS taxes we don't wife was her power of attorney until she died.
My wife and I spent almost $10k to remodel her house including making payments until it would sell and it was not selling we eventually stopped and the house was foreclosed.
Her mother now has received this check as a rebate type payment due to the mortgage co actions .
Gene Anderson
Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you. My condolences for your loss.How much was the approximate value of the estate?
Does the estate include real property?
How much is the check?
Expert:  Loren replied 1 year ago.
Are you online with me?
Customer: replied 1 year ago.
I have not received the answer I already paid for why would I agree to a $75 phone call and I was charged the $5.00 fee twice , if I can't get the answer (and I am logged in ) just refund my card please , if you can't get it right please have the courtesy to give me a phone call for the price I already paid.
Thanks ,
Gene Anderson
Expert:  Loren replied 1 year ago.
We seem to have some difficulty communicating. How can I accurately answer if you do not provide the information I requested?
Once more....
How much was the approximate value of the estate?
Does the estate include real property?
How much is the amount of the check?If you could provide a timely response I would be happy to assist you.
Customer: replied 1 year ago.
The only answer I have seen was 3 questions of which I answered , I have gone back over these contacts from just answer to see if I missed anything and just do not see an answer to my question.
If the system don't work I don't fault you but I have no answer to my question.
my answer to your questions were the only thing the estate is worth is apparently the check for $24000.00
I stated I eventually had to let the home foreclose because I was already into it $10k and it was not selling( even after I lowered the price ) no real property and her will was not ever probated.
So my question to you is how and can I cash this check if I/m willing to pay IRS due taxes?
I don't have that answer.
Thank you
Expert:  Loren replied 1 year ago.

Sorry for the problems you are having on the site. Since I am not seeing your responses in this thread, I suspect you were responding via email which I would not be able to see. I only see what is posted on this page.

In any event, since the assets do not exceed $25000, you can use a small estate affidavit to present the check for deposit to your bank.

You can download a form affidavit with instructions at the following link:

Again, sorry for the confusion. I hope this is helpful to you.