New here..check question

[>Charlotte<]

You didn't say what state you're in, but if you're in SC I can tell you that depositing that check into your personal account can get you into a lot of trouble. It doesn't matter that you closed probate five years ago.

If you are in SC, you need to re-open probate and collect your sibling's signatures (that they are surrendering their rights to this money) on a specific form, which is then provided to the probate judge. It doesn't matter what they said. If you don't have it in writing, on that form, they can sue you six ways from Sunday.

 

[Zigner]

Then it should be no problem to draft a document stating that they are aware of the settlement and that they waive any claim to the money, and have them sign it.

As Charlotte pointed out, there may be a specific form that needs to be filled out. The OP's consultation with a local probate attorney should help guide him.

 

[LdiJ]

However, once again if we know how much money is involved, we might be able to offer more information. If you do not want to tell us, then get advice from a local attorney.

 

[Zigner]

However, once again if we know how much money is involved, we might be able to offer more information. If you do not want to tell us, then get advice from a local attorney.

Per the OP:

Well it's only the first of several checks in the next couple months so I don't know a total yet.

 

[LdiJ]

Per the OP:

Yes, but he won't even tell us what the first check was for or even give us a ballpark...If we are talking hundreds its one thing, if we are talking thousands its another thing, and if we are talking tens of thousands then its another thing entirely.

 

[Zigner]

Yes, but he won't even tell us what the first check was for or even give us a ballpark...If we are talking hundreds its one thing, if we are talking thousands its another thing, and if we are talking tens of thousands then its another thing entirely.

True enough.

 

[TrustUser]

in any case, the op was hoping to get approval here of something illegal, and was not given permission - LOL

jim smith and jim smith, executor of the john smith estate are not the same thing.

and from the posts made, the op was already well aware of this.

 

[Jdlugos]

You may not realize it, but "I'm in touch with them daily" is not the same as "they have signed new documents to reaffirm their choice to not take their portion of the proceeds."

And what document would that be, so I can send it to them?

 

[Zigner]

And what document would that be, so I can send it to them?

I've not idea...there are 50+ different sets of laws in the US, and I don't believe you ever told us what state this matter involves. (My apologies if I missed it.)

 

[Jdlugos]

in any case, the op was hoping to get approval here of something illegal, and was not given permission - LOL

jim smith and jim smith, executor of the john smith estate are not the same thing.

and from the posts made, the op was already well aware of this.

This is the kind of moron response I had hoped to avoid. My initial question was about how a check was written, and how to deposit it. Then the assumptions started right away. I wasn't looking for approval to do something illegal. As for the amount and where it goes is between me and my siblings. They are willing to sign whatever and have told me to just keep it. Why? Because I'm the one who spent 20 years taking care of my father while they lived out of state and they are well aware of that. Hope that makes things just a tad more clear. Nothing illegal going on here.

 

[Dandy Don]

You can open up a new "estate account" (at the same bank where the previous account was) for the purposes of depositing this check and then you can withdraw funds as you please.

You can get signed statements from each of the siblings to confirm that they are declining any monies from the lawsuit settlement.

You truly need to have a consultation with a local probate attorney to find out for sure whether or not probate needs to in fact be reopened.

 

[LdiJ]

This is the kind of moron response I had hoped to avoid. My initial question was about how a check was written, and how to deposit it. Then the assumptions started right away. I wasn't looking for approval to do something illegal. As for the amount and where it goes is between me and my siblings. They are willing to sign whatever and have told me to just keep it. Why? Because I'm the one who spent 20 years taking care of my father while they lived out of state and they are well aware of that. Hope that makes things just a tad more clear. Nothing illegal going on here.

Look, get a consult with a local attorney, because insulting the volunteers doesn't get you any help here. However, you WILL have to tell the attorney how much money is involved, because the amount of the money involved actually matters in giving you an answer.

 

[Zigner]

You can open up a new "estate account" (at the same bank where the previous account was) for the purposes of depositing this check and then you can withdraw funds as you please.

The OP would have to show valid letters of administration...since the estate is closed, he doesn't actually have that. Yes, I do agree that the OP should consult with an attorney.

 

[Jdlugos]

The OP would have to show valid letters of administration...since the estate is closed, he doesn't actually have that. Yes, I do agree that the OP should consult with an attorney.

Actually since the lawsuit has been going on for 5 years I had to get new letters now and then and in fact do have a valid letter of administration at the moment.

 

[Zigner]

Actually since the lawsuit has been going on for 5 years I had to get new letters now and then and in fact do have a valid letter of administration at the moment.

What US state are you in and in what US state is the probate occurring?

Why have you felt the need to be so elusive on this?