Legal Question in Wills and Trusts in Illinois

Unestrange yourself and make some arrangement for a direct deposit.

Who will issue the checks? The executor/administrator? That person should locate the proper party, your brother, to receive the checks (servicemen get mail too) and/or get direction from him as to what to do with the checks. If he directs them to his wife and gives permission, you really don't have anything to say about it; it's his money. Then again, if there was a will or a trust and the will or trust directs the money is to go to a specific recipient (such as a trustee of a trust set up for your brother or another third party on behalf of your brother) then the money is supposed to go to that named individual. So a lot depends on the will or trust, if any, and if not, who the recipient legally is under the laws of "intestacy" (where there is no will). No different than if you get a check in your name; just because you're married doesn't mean your wife gets to negotiate it. And if it is properly issued but she fraudulently negotiates it, as the payee it is he who has the claim, not the estate. Since there may be factors that you are not aware of, whoever the executor/administrator or trustee is of your mother's estate should have legal counsel to make sure who the right beneficiaries / recipients are, and how the funds are to be issued.