Legal Question in Wills and Trusts in Illinois

My Dad passed away 2 years ago and he and his wife were making payment to his health provider for his cancer treatment and other medications and they just sent an overpayment check made payable to my now deceased Dad. How can his spouse get the check cashed or would she be able to have the health provider reissue the check in her name? Please advise.


Asked on 12/12/18, 4:24 pm

1 Answer from Attorneys

Steve Raminiak Law Offices of Steve Raminiak, P.C.

Considering that your father passed away two years ago, you probably will not need to open a Court proceeding, called Probate, in order to cash the check. In certain circumstances, an attorney can prepare a form of Affidavit to handle unexpected checks like this. I would consult with a knowledgeable lawyer about this. Many attorneys in this area provide free consultations.

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Answered on 12/13/18, 7:19 am


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