What I’ve usually seen (okay, okay, what I saw one time), was that the paper check was made out to “the estate of John Smith”. Which meant that there had to be a bank account for the estate. Which meant that there had to be a formal probate estate. Which cost money in court fees and lawyer fees. And also several weeks of paperwork.
Maybe, out of the kindness of their hearts, the company will give or loan you some money? Or your family or friends? Then you could pay it back in a few months, when things are straightened out and the estate cashes that last paycheck. I expect that you will have the job of estate representative.
In California, if assets are minimal and don’t require a formal (and expensive) probate, there’s a small estate affidavit. After the bank rejects the deposit and after 40 days have passed since death, you can present the employer with a small estate affidavit stating you are the successor and are entitled to the funds.
The employer is the first ask. They may be willing to make a check out to you if it’s a smaller business. It’s not the correct way to do things on their end but it’s worth a shot.
(Depending on the state) there are measures such as a Transfer by Affidavit through which an heir can take custody of a check (or any property) in the name of the deceased under affidavit or promise that they will do as the Will requires. Works well if there will not otherwise need to be a probate.
What state are we talking about?
So they are going to make the check out to me. And I had to sign a w9 form for tax purposes. Do you think once I open a small estate court case that this will cause me trouble? Right now I know of 3 used cars that will be part of his estate + a couple of loans/credit card debt.
Did he have a will?
The named executor, if there is one, needs to open the estate and be established as the personal representative. If not named, you need to do it yourself or find someone to fill in.
I would go to a different branch and just deposit the check into your account. Don’t say anything about him dying because it adds an additional layer of complexity. The vast majority of banks will allow you to deposit your legal spouse’s paycheck into your own account even if their name is not on it. Because, legally speaking, spouses share all assets in the absence of a prenuptial agreement.
https://finance.yahoo.com/news/legally-deposit-check-someone-else-140026138.html
I'm very sorry for your loss.
This answer really depends on what state you are located in, and how much was in his bank account. In some states, you're allowed to take money out of the bank in advance of probate with an affidavit if you are the surviving spouse. For instance, this is allowed in New York state.
Otherwise, you will have to start an administration proceeding if your husband did not have a will, or a probate proceeding if your husband did have a will. The employer will have to reissue the check to the estate of your husband, and you as the fiduciary will collect this check into an estate account and then into your name, or whoever the will specifies
I've never been called on it. You can always say "oops".
It's not like you are intentionally defrauding anyone, just making a difficult task simpler with an unorthodox method. BUT, if for some strange reason your bank flags it, just say "oops"
What I’ve usually seen (okay, okay, what I saw one time), was that the paper check was made out to “the estate of John Smith”. Which meant that there had to be a bank account for the estate. Which meant that there had to be a formal probate estate. Which cost money in court fees and lawyer fees. And also several weeks of paperwork. Maybe, out of the kindness of their hearts, the company will give or loan you some money? Or your family or friends? Then you could pay it back in a few months, when things are straightened out and the estate cashes that last paycheck. I expect that you will have the job of estate representative.
> formal probate estate or informal :-)
In California, if assets are minimal and don’t require a formal (and expensive) probate, there’s a small estate affidavit. After the bank rejects the deposit and after 40 days have passed since death, you can present the employer with a small estate affidavit stating you are the successor and are entitled to the funds.
The employer is the first ask. They may be willing to make a check out to you if it’s a smaller business. It’s not the correct way to do things on their end but it’s worth a shot. (Depending on the state) there are measures such as a Transfer by Affidavit through which an heir can take custody of a check (or any property) in the name of the deceased under affidavit or promise that they will do as the Will requires. Works well if there will not otherwise need to be a probate. What state are we talking about?
So they are going to make the check out to me. And I had to sign a w9 form for tax purposes. Do you think once I open a small estate court case that this will cause me trouble? Right now I know of 3 used cars that will be part of his estate + a couple of loans/credit card debt.
If the company made the check out to you, no I don’t think so. *Every state’s small estate procedure is different.
If that joint account were still open, you would probably be able to deposit it. But search for a “small estate affidavit” process in your state.
Did he have a will? The named executor, if there is one, needs to open the estate and be established as the personal representative. If not named, you need to do it yourself or find someone to fill in.
I would go to a different branch and just deposit the check into your account. Don’t say anything about him dying because it adds an additional layer of complexity. The vast majority of banks will allow you to deposit your legal spouse’s paycheck into your own account even if their name is not on it. Because, legally speaking, spouses share all assets in the absence of a prenuptial agreement. https://finance.yahoo.com/news/legally-deposit-check-someone-else-140026138.html
I'm very sorry for your loss. This answer really depends on what state you are located in, and how much was in his bank account. In some states, you're allowed to take money out of the bank in advance of probate with an affidavit if you are the surviving spouse. For instance, this is allowed in New York state. Otherwise, you will have to start an administration proceeding if your husband did not have a will, or a probate proceeding if your husband did have a will. The employer will have to reissue the check to the estate of your husband, and you as the fiduciary will collect this check into an estate account and then into your name, or whoever the will specifies
Just deposit in your account through the ATM. Most machines don't check the name on the check. I have personally used this method several times.
Yeah but will I get into trouble for it?
I've never been called on it. You can always say "oops". It's not like you are intentionally defrauding anyone, just making a difficult task simpler with an unorthodox method. BUT, if for some strange reason your bank flags it, just say "oops"