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My husband pass away in January of 2014. I continued to pay…

My husband pass away...

My husband pass away in January of 2014. I continued to pay a federal PLUS loan since his death that was in only my husband's name. Last month I discovered that the Federal PLUS loan could be discharged due to his death. I have since received a check for all of the payments I made since his death, but the check is made out to my husband's estate. My husband was ill for quite some time before his death and several months prior with an attorney's help, we created a will, power of attorney, medical power of attorney, plus he was taken off our bank account and the house and cars were put in my name only, so there was no need for a probate, since the assets had already been put in my name. How do I go about cashing or depositing this check made out to his estate?

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Are you still working on my question? Just checking.

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

Texas, no paperwork has been filed.

Lawyer's Assistant: What documents or supporting evidence do you have?

I have my husband's will that states I am the executor of his estate. And the money I paid, has been automatically deducted for my checking account every month since he died.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I don't think so.

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Answered in 3 minutes by:
3/13/2018
Jessica B
Category: Estate Law
Satisfied Customers: 1,804
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed estate attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

Unfortunately because the loan was in your husband's sole name, the loan company may only refund the money to his estate. Since you are in Texas you may qualify for a Small Estate Affidavit.

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In Texas, heirs can take advantage of a Small Estate Affidavit procedure in certain limited situation. Heirs can file a Small Estate Affidavit if:

  1. The deceased person died without a Will;
  2. At least 30 days have passed since the date of death;
  3. No person has filed an application to be appointed as personal representative of the estate;
  4. The value of the probate estate is $50,000 or less, not counting the value of the homestead and other exempt property; and
  5. The total assets (not counting homestead and exempt property) exceed the total known debts of the estate (exclusive of debts secured by homestead and exempt property).

The affidavit must list all know estate assets and liabilities, the name and address of each distributee, and the relevant family history that shows how who the heirs are are what percentage of the estate they inherit under the intestacy statutes.

It must also be signed by two disinterested persons, all distributees of the estate who have legal capacity, and the natural guardian or next of kin of a minor or an incapacitated heir.

Once the affidavit is complete, it should be filed with the probate court, which will review the affidavit to confirm that it complies with the statutory requirements. If approved, a certified copy of the affidavit can be used by the distributees of the estate to collect money owed to the estate or assets owned by the estate.

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Since your husband had a Will, you may qualify for an Order of No Administration.

When someone passes away and leaves behind a surviving spouse or minor child and the value of the estate (not including the value of any homestead property) does not exceed a certain amount, it may be possible for the survivors to obtain an order of no administration.

If the surviving spouse or children qualify for a family allowance, they can petition to the court and ask for an order of no administration and ask the court to fix the family allowance. As long as the value of the property in the decedent’s estate does not exceed the amount of the family allowance, a court can issue an order of no administration.

Jessica B
Category: Estate Law
Satisfied Customers: 1,804
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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