Legal Question in Wills and Trusts in Florida

depositing estate checks

Mom died with a living trust, but had refinanced home and forgot to put it back in to the Trust. Had to go through probate. I am named executor. Home sold a week after her death. That check came in my name as Trustee. Then a small life insurance check came in ''estate of... her name''. Bank said we need EIN to deposit checks. Should we have estate account or Trust account made? Wouldn't all assets besides the home be in the living trust? Thank you. She has credit card bills that we know her other bum son used without permission. He said she told him to, but we know she was not in her right mind. Died of brain cancer.


Asked on 5/19/08, 8:09 pm

1 Answer from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: depositing estate checks

Since the insurance is payable to the estate, you unfortunately will have to probate it. That would require petitioning the circuit court for her county to admit the will to probate and to appoint you as personal representative (or to distribute the check directly to you as trustee if you can go the summary probate route - not available if there are unresolved creditors unless you wait 2 years after her death). As court-appointed personal representative (executor) you can then open a bank account in the estate name (after obtaining a tax ID number - EIN) and deposit the check.

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Answered on 5/20/08, 12:07 pm


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