Legal Question in Wills and Trusts in Florida
A FL widow received a check (about 7 k). The check was the result of settlement of claims against a brokerage house which the husband (and wife as for some claims) was a party prior to his death. the check is made out to the estate of her late husband only. She was named his personal representative in his will; the will was filed in court; however probate was not believed to have been opened. how does she cash/negotiate this check? can she? or must she open an estate?
2 Answers from Attorneys
She must probate the will. If this is the only asset, a summary administration would be available.
The only way to negotiate a check payable to the Estate is to probate an Estate. Seek Legal advice on what kind to file. If she had claims, why wasnt the check made payable to her too? Who handled the claims? Is there an attorney involved, see if he can get the check reissued to her alone? Was the asset from the brokerage house titled as entirties property? If so, she may be the sole claimant and entitled to 100% of the proceeds without a probate.
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