Legal Question in Wills and Trusts in Michigan

check payable to mother's estate

Dad died 25 yrs ago. He was a member of a pension plan of which my mom was the beneficiary. Nobody knew anything about the plan and Mom never received her survivor benefits. Mom died 10 yrs ago and her estate was settled at that time. My brother (trustee) was contacted by the Dad's former employer who acknowledged the death of both my parents and issued a check payable to Mom's estate. Trustee Brother has since sent the check ($40k) to my other brother (Personal Rep) who has no documentation that he is the executor of Mom's estate and Trustee brother refuses to send his copies of the will, et al. Can the court where my mother's estate was settled (Oakland Cty, MI) give ME copies of the will to send to the brother (PR) who has the check so he can negotiate it? Does Mom's estate need to be reopened in order to cash the check? Is there a fee for that?


Asked on 9/28/06, 10:57 am

1 Answer from Attorneys
Sanford Mall, JD, CELA Mall Malisow & Cooney, PC

Re: check payable to mother's estate

I have copied your questions and my responses follow:

1) Can the court where my mother's estate was settled (Oakland Cty, MI) give ME copies of the will to send to the brother (PR) who has the check so he can negotiate it?

Answer - You can call the Oakland County Probate Court and ask IF the Court has the will on file. If so, yes, you can get a copy.

2) Does Mom's estate need to be reopened in order to cash the check?

Answer - Yes, that is my experience. However, the Probate Court is very willing to take your call and to answer your questions. I suggest you do not call on a Wednesday morning. This interactive reply system does not allow me to provide you with a telephone number. However, the number can be found at www.oakgov.com/probate,

3) Is there a fee for that?

Answer - Yes, my experience is that it will typically it will run the same $150 as it did to open the decedent's estate the first time. Again a call to the Court can clarify that.

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Answered on 9/28/06, 9:17 pm


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