Last Payroll Check

[freddyboy]

What is the name of your state? California

My mom passed away almost a month ago and my family just received her final payroll check for 8k and it is written out to: "The Estate of Josephine Lind" My mother does not own an estate so how can the check be cashed?

More background:
She bought a house with her common law husband 6 years ago where in fact she would have an estate (both were on the deed). They refied the house a couple of years ago with only the common law husbands name, therefore he is now the sole owner of the estate and my mother no longer has an estate.

What do we do with this check?


Thanks,
Fred

 

[Dandy Don]

Hire an attorney to open up probate on this. Did she leave a last will and testament? Executor will be able to cash the check and put it into the estate and will also need to consult an attorney to see if everything regarding the house has been done correctly or not.

DANDY DON IN OKLAHOMA ([email protected])

 

[freddyboy]

Moms check

California.


My attorney said that if her assets are not over 100k than we could stay out of probate. She did not leave a will.

If she does not own property how can she put it into the estate?

 

[JETX]

What do we do with this check?

Fred, the employer was correct in making this check out to her 'estate'. And even if the check were made out in her name, someone would still have to have the 'estate' permission to cash it.

Based on your post, if she doesn't have enough assets to warrant a probate, someone will still need to file a 'small estate case' for her assets.

Here is a link to the 'small estate' process in CA:
http://www.lasuperiorcourt.org/probate/pdf/TransferForm.pdf

Also, whoever is going to handle this, should get/read the following book:
http://search.barnesandnoble.com/booksearch/isbnInquiry.asp?isbn=1413301495&itm=1

 

[freddyboy]

CA



Thanks...I'll check out your suggested links.