Legal Question in Business Law in Florida
lawsuit payment
my husband passed away 2 1/2 years ago. There has been an ongoing lawsuit (class action suit) thru the company he worked for. It was settled and we rec'd a check made out to my husband. I have the death certificate, do i just present that to the bank with the check?
3 Answers from Attorneys
Re: lawsuit payment
Check with your bank if that will be sufficient. If not, then you would certainly have the documents they do require.
Re: lawsuit payment
An estate probate may be required.
Re: lawsuit payment
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Depending on the size of the check, your bank may allow it although techinically they should not. If you had a joint account and never changed the status of the account, you might be able to deposit the check without the bank being aware of any problem.
The proper way to handle this, however, is for an estate to be filed and probated or if only a small check (and the bank will not cash it), you may be able to have the court process your request without filing an estate.
If you have to file an estate, it will be necessary to engage the services of an attorney.
Scott R. Jay, Esq.
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