• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Small Estate Problem

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

MsCokie

Junior Member
What is the name of your state? Illinois
My problem is I received an Insurance Check made payable to the estate of
my brother. I gave the check to the funeral home to pay off my bill and they
issued me a replacement check made payable to the estate of and I cant get
it cashed I need to know what I can do tho have this check cashed I have
filled out a small estate affidavit but I am the only heir on it since my other
brother is in prison and his adult son is in prison What do I do
 


dmode101

Member
Your brother is in prison, he is not dead. People in prison can still receive inheritances. It's not your prerogative to just disinherit him. You should be able to submit the affidavit to the FH and have them issue checks 1/2 to you and your brother. I suppose you might be able to take the check to a bank with the affidavit and have them do it. They might not be willing to though, it's really the 3rd party issuer that should do it.

Or you could just file to be administrator. But depending on the size of the check it might be cost-efficient.
 
S

seniorjudge

Guest
MsCokie said:
What is the name of your state? Illinois
My problem is I received an Insurance Check made payable to the estate of
my brother. I gave the check to the funeral home to pay off my bill and they
issued me a replacement check made payable to the estate of and I cant get
it cashed I need to know what I can do tho have this check cashed I have
filled out a small estate affidavit but I am the only heir on it since my other
brother is in prison and his adult son is in prison What do I do
I have filled out a small estate affidavit but I am the only heir on it since my other brother is in prison and his adult son is in prison

How many heirs are involved here?

You, your other brother, and his adult son?

That is three.

Why did you refer to one of them as "his adult son"?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top