Legal Question in Wills and Trusts in Florida

Cannot Cash check

Hi

My mother received a refund check ($1015) from a credit card company. The check was made out to the estate of my father. The credit card company will not reissue the check in her name because she was not on the account. The bank will not cash the check because it has to be made out in her name. This is a catch 22. Why, if she is the legal beneficiary of all his things, can she cash this check? Thanks.


Asked on 5/29/09, 12:26 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Cannot Cash check

If she is the personal representative, she can endorse it as such.

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Answered on 5/29/09, 12:33 pm
David Slater David P. Slater, Esq.

Re: Cannot Cash check

a Small estate proceeding may be required.

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Answered on 5/29/09, 1:10 pm


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