Check being withheld until I provide deceased ex-husband's will....HELP!!!

[katiemama]

What is the name of your state (only U.S. law)? MN
I received a check from The National Mortgage Settlement in June because I lost my house to foreclosure. When I received the check it had my deceased ex-husbands name on it as well as mine (even though I sent in copy of his death certificate so that this would not happen). I called them and they said they had his death certificate on file and to send back the voided check and they would reissue me a new one with just my name. So I did just that. 9 weeks later no check. I have called 3 times, the last time I called they told me I needed to show proof that I had authorization to his money, like a will (which he didn't have). I have a child with him and both my daughter and myself receive his survivor benefits, is that something I can show proof of to get the check? Or how do I show proof that his money should go to me? Could it go to my daughter? I'm just not understanding why if both of our names were on the house and he's deceased why they can't just give it to me or my daughter. Can they just withhold the money like that? I'm just not sure what to do.

 

[quincy]

What is the name of your state (only U.S. law)? MN
I received a check from The National Mortgage Settlement in June because I lost my house to foreclosure. When I received the check it had my deceased ex-husbands name on it as well as mine (even though I sent in copy of his death certificate so that this would not happen). I called them and they said they had his death certificate on file and to send back the voided check and they would reissue me a new one with just my name. So I did just that. 9 weeks later no check. I have called 3 times, the last time I called they told me I needed to show proof that I had authorization to his money, like a will (which he didn't have). I have a child with him and both my daughter and myself receive his survivor benefits, is that something I can show proof of to get the check? Or how do I show proof that his money should go to me? Could it go to my daughter? I'm just not understanding why if both of our names were on the house and he's deceased why they can't just give it to me or my daughter. Can they just withhold the money like that? I'm just not sure what to do.

I suggest you contact your state attorney general (contact information below) and you can get more information on the settlement, and you can get help or file a complaint, through the National Mortgage Settlement website at http://www.nationalmortgagesettlement.com/help.

Minnesota Attorney General Lori Swanson
1400 Bremer Tower
445 Minnesota Street
St. Paul, Minnesota 55101-2131
(651) 296-3353

There are some scams being reported over the settlement checks. Pease be careful not to provide personal information to people who call you requesting this information.

Good luck.

 

[justalayman]

the problem is, since there was no will, his estate would be distributed per the state laws on intestate succession. The payee has no way of knowing if you are due all the money from his estate or not so they cannot just unilaterally decide to give you the money that is due to his estate. For all they know there are creditors lined up around the block waiting for money from his estate.





did anybody open probate on his estate?

 

[katiemama]

the problem is, since there was no will, his estate would be distributed per the state laws on intestate succession. The payee has no way of knowing if you are due all the money from his estate or not so they cannot just unilaterally decide to give you the money that is due to his estate. For all they know there are creditors lined up around the block waiting for money from his estate.





did anybody open probate on his estate?

The estate was foreclosed upon before he passed away (so no probate) and then he filed bankruptcy which was discharged a couple months before he died, so I don't think there would be creditors waiting for money? Also, I owned just as much of the estate as he did, not sure that makes a difference or not. At this point I'm so confused due to the fact that neither of us owned the estate when he passed.

 

[justalayman]

The estate was foreclosed upon before he passed away (so no probate) and then he filed bankruptcy which was discharged a couple months before he died, so I don't think there would be creditors waiting for money? Also, I owned just as much of the estate as he did, not sure that makes a difference or not. At this point I'm so confused due to the fact that neither of us owned the estate when he passed.

so how does the payee know any of this? You cannot just make a claim and they are going to believe you. If there was no probate, then you have absolutely no claim to his share of the money.

and an estate is not foreclosed upon. His estate is all of his assets and debts. If nothing else, his estate consists of 1/2 of the check you are dealing with.

 

[quincy]

In Minnesota under their intestate succession laws, if someone dies without a will, the assets go to the closest living relatives (spouse, then children, etc).

I do not think katiemama should be having a problem with the settlement check if National Mortgage Settlement has a copy of the death certificate, this especially if she were joint owner of the foreclosed house.

 

[justalayman]

just want to take a moment and explain that I am not trying to say you are not entitled to the money. I have no idea if you actually are or not. Nor am I trying to be "difficult". I am merely being realistic and trying to explain why they cannot just give you the money. If they improperly give you the money, they could ultimately be liable to a creditor of your husbands estate (again, they have no way of knowing if there is or is not any creditors). That is why they need proof you have a right to claim the money.


Many states have an administrative action available for estates of low value. You may have to actually file for such administrative action in order to be able to deal with this.

 

[justalayman]

In Minnesota under their intestate succession laws, if someone dies without a will, the assets go to the closest living relatives (spouse, then children, etc).

I do not think katiemama should be having a problem with the settlement check if National Mortgage Settlement has a copy of the death certificate, this especially if she were joint owner of the foreclosed house.

ownership of the home is not relevant to the disposition of the money, even if the ownership was joint WROS. The mortgage money and ownership are two entirely different issues.

The death cert only proves he died. It does not prove she has a right to the money. As I said before, the payee has no way of knowing if she has a right to the money.

as to where the money goes in an intestate estate; it FIRST goes to creditors. How is the payee to know there are no creditors? . The payee, again, has no idea how the estate was disposed of so they have no idea if the OP is the rightful successor of the husband regarding this money.

Heck, the payee doesn't have any way of knowing if the OP is the actual spouse of the decedent. Often times a divorced woman retains the man's name.

Not trying to be stick in the mud. Just trying to show why the payee is likely withholding the funds that, yes, are likely owed to the OP.

 

[quincy]

Check out Minnesota Statute 524.2-402, justalayman. Then check out the settlement link I provided.

The settlement check was issued to both her and her husband. It should be able to be reissued in her name alone with a copy of the death certificate. A will, at least in Minnesota, should not be needed. And there should be no hold placed on the settlement money for debts.

I agree that there may be a delay due to confirmation of the death and marital status prior to death (to determine if she is entitled to all or only her half of the amount), but nine weeks seems excessive.

I think katiemama should contact the sources I provided.




(as a disclaimer, however: this is not an area where I have expertise, by any means)

 

[justalayman]

but that is regarding the home (homestead). The financial issues with a home can be very different than title of a home.

just to mess things up:

what if the mortgagors were father and daughter or brother and sister? Does a MN death cert list a spouse by name and relationship? Even if it does, how does the payee know the OP is that person and not a daughter with the same name as the mother? If not, how does the payee know the relationship of the OP and the decedent?

what if the OP and decedent were married at one time but divorced now?

while I do not disagree the money is probably rightfully the OP's (given the facts at hand), try closing your eyes to what we read and listen to only this:


I sent a check to OP and another person. OP sends me a death cert for the other person and claims to be the rightful heir of the proceeds asking I reissue the check in just her name.

From what I read, that is actually all the payee has at the moment. No proof of the claim she is the rightful heir. No proof she was married at the time of death. No facts that would allow the payee to determine any standing of the OP.

What I think the payee should do is simply reissue the check in the names of both parties and let the OP do whatever it takes on her end to cash the check. It would likely be easier to deal with local banks and such than trying to deal with the payee long distance.

 

[quincy]

but that is regarding the home (homestead). The financial issues with a home can be very different than title of a home.

just to mess things up:

what if the mortgagors were father and daughter or brother and sister? Does a MN death cert list a spouse by name and relationship? Even if it does, how does the payee know the OP is that person and not a daughter with the same name as the mother? If not, how does the payee know the relationship of the OP and the decedent?

what if the OP and decedent were married at one time but divorced now?

while I do not disagree the money is probably rightfully the OP's (given the facts at hand), try closing your eyes to what we read and listen to only this:


I sent a check to OP and another person. OP sends me a death cert for the other person and claims to be the rightful heir of the proceeds asking I reissue the check in just her name.

From what I read, that is actually all the payee has at the moment. No proof of the claim she is the rightful heir. No proof she was married at the time of death. No facts that would allow the payee to determine any standing of the OP.

What I think the payee should do is simply reissue the check in the names of both parties and let the OP do whatever it takes on her end to cash the check. It would likely be easier to deal with local banks and such than trying to deal with the payee long distance.

I think if I had been in the same situation, I would have kept the check with both names on it. It probably would have been easier to get it deposited or cashed through her own bank than trying to deal with National Mortgage Settlement.

It is not a huge check amount but it could certainly help a new widow with a child.

 

[ecmst12]

I think they were already divorced when he died, if that makes a difference.

 

[justalayman]

I think they were already divorced when he died, if that makes a difference.

Yep, just caught that in the title when I came back to this. From the text of the first post:

my deceased ex-husbands name

then that would mean OP has NO claim to the money

 

[quincy]

Well, she would be entitled to her half of the settlement check, if she co-owned the foreclosed home and they were not divorced at the time the application was filed. And her child could be entitled to the other half, if the ex did not remarry.

But, yes, I totally overlooked the "ex" part, which certainly does complicate matters. No wonder it is taking so long.

 

[Ohiogal]

Check out Minnesota Statute 524.2-402, justalayman. Then check out the settlement link I provided.

The settlement check was issued to both her and her husband. It should be able to be reissued in her name alone with a copy of the death certificate. A will, at least in Minnesota, should not be needed. And there should be no hold placed on the settlement money for debts.

I agree that there may be a delay due to confirmation of the death and marital status prior to death (to determine if she is entitled to all or only her half of the amount), but nine weeks seems excessive.

I think katiemama should contact the sources I provided.




(as a disclaimer, however: this is not an area where I have expertise, by any means)

This was not HER husband. It was her EX-HUSBAND so she is not part of those who would inherit through intestate succession. The child they share would inherit as would any other children this man had. And if he had remarried that would further complicate things. So she is NOT due all of the money in the check. His next of kin would be due his portion.

ETA: Should have read all through the thread before posting.