life insurance check

[jon doe44]

What is the name of your state? I live in Maryland

I just recivied my fathers life insurance check. I Have a probate lawyer that is handling the case but he's taking his sweat time.I am the personal representative of the esate.What should i do with the check. The life insurance money is the only thing that is in the esate

My question is can I cash the check or do I give it to the lawyer.And what kind of trouble can i get into for spending the money besides having to pay the money back. can i go to jail for spending some of the money

thank you

 

[I AM ALWAYS LIABLE]

My response:

Does the check have your name on the "Pay to the Order" line?

If so, the money is ALL yours. That money skips the probate process and goes directly to you - - if you're the beneficiary.

IAAL

 

[jon doe44]

the check says

pay to : (my dads name),este
then under my dads name it says my name an personal representative

the on the stub part of the check in the remark box it says

this check is your prtion of the insured's life proceeds minus funeral home assignment of x amount
then it has a form 712 for tax's

im confused why didnt the check go to the lawyer plus i know the money isnt all mine cause i have a younger sisiter and what will happen if i cashed the check. i know i will have to pay the money back but how doe's that work do they make payment plans or what ?
An im not the beneficiary cause my dad didnt sign the paper but the paper was filled out

 

[I AM ALWAYS LIABLE]

My response:

Get further instructions from your attorney.

IAAL

 

[jon doe44]

could cashing the check lead to jail time or fines an why does the money have a bond

 

[ALawyer]

The money was sent to you in a fiduciary capacity,personal representative or executor, and NOT as an individual.

Taking the money for yuor own purposes would be theft - embezzlement.

As you are personal representative, it seems as if the lawyer has done some work already in getting you appointed, and now s/he have to close out the probate.

If there are no assets of value in the estate other than the insurance proceeds, and there are no claims against the estate, one approach may just be to speak to your sister, split the money with her, and telll the lawyer to forget about the details of the probate process, pay him or her for work done to date and go home..

 

[jon doe44]

thanks

Thanks everybody for your advice. I'm going to just do the right thing and cancel my trip to the islands.