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Maverick, Attorney
Category: Estate Law
Satisfied Customers: 6391
Experience:  20 yrs of professional experience.
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Who can endorse a check addressed to the deceased if the

Customer Question

Hi! Who can endorse a check addressed to the deceased if the estate is insolvent?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Sure - PA
JA: What documents or supporting evidence do you have?
Customer: My brother passed (I have Death Certificates), but no estate was opened, so there is no executor for the estate - which would have been me per his Will. After discussing & reviewing my brothers affairs with an attorney, the option to declare the estate Insolvent was chosen. I now have a check from his Home Owner's insurance made out to both my brother & a vendor who performed work required as a result of my brother's death.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of right now...
Submitted: 9 months ago.
Category: Estate Law
Expert:  Maverick replied 9 months ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Customer: replied 9 months ago.
Thanks fine, thank you.
Expert:  Maverick replied 9 months ago.

Even with an insolvent estate, a PETITION FOR SETTLEMENT OF INSOLVENT ESTATE UNDER 20 Pa. C.S.A. §3392 may have been filed on the executor's behalf by the probate lawyer. If that proceeding is now closed, it may need to be reopened and the court may need to re-issue a current set of Letters Testamentary for the executor. Then the executor will have legal authority to sign the check.

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Customer: replied 9 months ago.
Thank you, ***** ***** provided is most appreciated.
Expert:  Maverick replied 9 months ago.

You are welcome.