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Death of a spouse

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guntherpaw

Guest
from ohio.my friends wife passed away on 2-23-02.there is no will,she just fell over dead.(45yrs.old) Federal income tax was deposited into her checking account.has state return dated for 2-22-02.Can he get any money or advice on what to do.his place of employment was closed up,hes on unemployment and could use the money for household bills and to care for kids.can he get in trouble for cashing state return.how to endorse?this is really one big mess! hope you can help...thanks...peg
 


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advisor10

Guest
3-11-2002

DEAR GUNTHERPAW:

I think it's great that you are helping your friend during his time of grief.

The main thing he needs to do is to go to the county courthouse probate court and file paperwork to become the administrator of his wife's estate. That will give him the legal authority to claim all monies and assets she has and also pay any outstanding debts she has. Soon after doing that, he will receive legal papers authorizing him to be the official administrator.

When he gets the administrator papers (called letters testamentary), he would then be able to cash the tax checks (just to be on the safe side, it will also help if he gets a certified copy of the death certificate to provide as further evidence).

The bank (or wherever he cashes the checks) can advise him on the correct endorsement to put on the back, which will probably be something like "JOHN DOE, as administrator for the deceased wife EVELYN DOE". If he went to the bank (where the wife's account is at) and showed the death certificate, he might not even have to wait to get the letters testamentary, and if his name is on her account card as beneficiary, then the bank can go ahead and release what is left in her account to him without waiting.

If the funeral bill has not yet been paid, he may want to set aside a portion of that money to make a down payment on the funeral.

SINCERELY,

advisor
 

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