Legal Question in Wills and Trusts in California
estate question
my father passed away last
year, and my mother continues
to receive checks payable to the
estate of my father. There is
no estate, but rather
everything was set up in a
trust. Does my mother need to
have the checks made payable
directly to her or to the trust?
Or can the checks somehow be
deposited into the trust
account. Thanks for your help!
2 Answers from Attorneys
Re: estate question
The trust is the estate of your father. Based on your description, the checks should be coming to her under the name of the trust, but without reading the actual trust and seeing how the bank accounts are set up, it is difficult to give you a more complete answer.
Our firm specializes in trusts and estates, so I am certain that, if provided more facts, we could assist you better.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.
Re: estate question
First be sure that the trust was set up to include those checks; if not, then there is an estate but you need not probate it if it is worth less than $100,000.
Second, see what the terms are for receiving those checks. Are they supposed to stop on his death. Are they to be made payable to anyone but your father?
Third, contact the check provider and find out what can be done to change the name of the payee on the checks.
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