Legal Question in Wills and Trusts in California
My wife died 2 years ago. I am her sole heir and executor of her will. Today I received a check made out to her. It is her portion of a class action settlement with her former employer, a suit which was going on before she died and which was settled just a few months ago. I believe this money should be part of her estate and I am wondering how to properly endorse the check so that I can deposit it in my checking account. Thank yopu for your help.
1 Answer from Attorneys
Your question omits too many necessary facts to give you a definitive answer to your question. You state you are the executor by will of your wife's estate and her sole heir. Was the estate ever admitted to probate? If it was the check should be deposited to the estate account and you should endorse it as the Executor. If the check was the result of your wife's employment while you were married then it is community property and yours. You should speak with your bank about how they want the check endorsed given the circumstances. If the check is more than a few hundred dollars, you may want to petition the Probate Court for an order that the check is yours (if you have not opened probate). Speak to an estate planning or probate attorney and give them ALL the facts so they can guide you on how to handle the check.