Legal Question in Wills and Trusts in Texas
Small class action settlement
My father died 4 years ago with no will or trust. He was part of a class action for his wife who died years before him (no will or trust). I was recently contacted by his attorney about a settlement that I accepted. The check arrived ''pay to the order'' of the estate of his wife. What needs to be done to be able to cash this check.
2 Answers from Attorneys
Re: Small class action settlement
This is a complicated question in that you have two estates, but you didn't mention whether or not the first estate (the deceased wife) had an administrator. If the deceased wife's estate had an administrator, then the administrator would be responsible for cashing the check and distributing the funds. If there is no administrator, then there are a few different procedures you can use to access the funds, but they are fact specific. For example, were you related to the deceased wife?
Re: Small class action settlement
The answer to your question is fact-specific. Was the wife's estate entered into probate? Did she have any children? Was your father's estate entered into probate?
Each answer may lead to a different result.
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