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  1. #1
    bkpigsty is offline Junior Member
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    Sep 2006
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    arbitration settlement received after death

    What is the name of your state? california
    i received an arbitration settlement check for my dad after he died. i was left as representative for him to take care of everything after his mother took everything she wanted. am i able to deposit this check into my account since there is no longer any active accounts open for him. how do i handle this
  2. #2
    Dandy Don is offline Senior Member
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    Did your father have a last will and testament that was probated in probate court or was his estate handled without a will (intestate administration that you were personal representative of)?

    Is probate going on now or is it over?

    How was the settlement check made out--payable to you personally or to the estate?
  3. #3
    bkpigsty is offline Junior Member
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    probate is over. check made out to my dad's name only.
  4. #4
    Dandy Don is offline Senior Member
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    How much money is the check made out for?

    Does whoever wrote the check, were they aware that your father was deceased at the time the check was written?

    Please explain exactly what type of settlement or arbitration occurred that this money was issued for.

    When you served as PR, had you set up a bank account just to handle the monies in the estate?

    Take the check to the bank that handled the estate account when you were PR and try to cash it by also presenting a certified copy of the letters testamentary you received when handling the estate and see if the bank will allow you to cash it.

    You may need to consult with a local probate attorney in your area to ask whether probate needs to be reopened just to handle this particular item or not, or post your question to another free legal advice website called [url]www.lawguru.com[/url]
  5. #5
    bkpigsty is offline Junior Member
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    probate is over. check made out to my dad's name only.

    intestate, no probate in court. there was nothing except guitars and.. his mother sold them for money he owed her. after that she didn't want to mess with anything else.
  6. #6
    bkpigsty is offline Junior Member
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    the check was for a class action suit for money owed to him from his previous employer and there was no account set up by his mother for anything. can i see if i can deposit it to my account.
  7. #7
    Dandy Don is offline Senior Member
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    Before you do anything with this money, you need to check with a local probate attorney. Your mother is also a legal heir in this estate and depending on the amount of the check (how much is it?), she may be entitled to some of it or all of it. It's hard to understand why they didn't issue the check to her in the first place instead of to you. If you don't handle this money properly you could regret it in the future.

    Your bank will not let you put this money in your account since it belongs to dad's estate--the only person who can cash it is the legal representative/personal representative as authorized by the probate court, and if YOU apply to be personal representative you will be issued a document called letters testamentary which you can then take to the bank and put in a separate account just to handle this money until probate is over.

    DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

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