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My husband's mother passed away few months ago. She left him…

My husband's mother passed away...
My husband's mother passed away few months ago. She left him a 250 thousand $ life insurance policy. And the TransAmerica IRA 150 thousand. He made a claim for the life insurance only and he was working on the IRA. He received the checks on March 2. He was gonna go and deposit it. Tragically, He passed away Monday morning due to a massive heart attack. He didn't leave a will. Now I have the check here in the house on his name. My question is : how do I get the check transferred to my name? Or my kids' names? We have 2 little boys together. We are his only next of kin. He has one older sister. She is single.
Second question: what do I do with the IRA? The claim hasn't been submitted.
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Answered in 10 minutes by:
3/25/2018
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,001
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

I am very sorry to hear about your loss.. Please accept my condolences and I will try to help..

.'

Since his mother had already passed, then that money he was inheriting was his sole and separate property. Once he passed, that money becomes the property of his estate now and you would have to file a formal probate case and be appointed as Administrator of his estate so you could then open an estate bank account and deposit the check and go about filing any claims form for the IRS proceeds.

.

.

thanks

Barrister

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Customer reply replied 4 months ago
What about the IRA?

Sorry, that last sentence was a typo... it should have said the IRA proceeds.. Once you are appointed as Administrator, you would submit those claim forms on behalf of his estate..

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Customer reply replied 4 months ago
how long does it take for the probate processing?

A few weeks for you to be appointed by the judge, then the typical probate case will take 7-10 months from start to finish.

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,001
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
Barrister and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 4 months ago
Okay. Thanks. I guess I have to start looking for a lawyer. Have to stay strong.
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