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What do I need to collect on a check paid to an estate when the estate is closed and the executor has passed away?
Bainbridge Island, WA
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Posted 5 months ago in Probate
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I received a refund check for my mother-in-laws estate, which was closed several years ago. My wife was the executor of the will and she has also passed away. The check is made out to the estate and my wife and is a refund from an insurance company. The only other direct heir was my wife's sister, who also passed away. There are three grandsons. My wife and I lived in Washington state but my mother-in-law lived in Colorado.
Is there any way to collect the money? Answers (2)
Richard Wills
This attorney is licensed in Washington and 1 other state.
Posted 5 months ago.
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Dear Bainbridge,
The simple way is to return the check & ask the payor to make out one or more new checks, but good luck, as no insurance company is likely to do it. The complicated way is to petition the Court to re-open your MIL's probate estate, for example, with you as the successor Personal Representative. Then, upon your appointment, you may cash the check, pay any expenses, and distribute the balance according to the Will. Practically speaking, the issue turns on the amount of the check & whether it substantially exceeds the time & cost it will likely take you to re-open the estate, deal with the check & its proceeds, and close the estate thereafter. Sincerely, Richard Wills, WSBA 19720 www.washington-probate.com 
Lincoln J. Miller
This attorney is licensed in Washington.
Posted 5 months ago.
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I agree with Richard's answer. It's an uphill battle and the costs you incur may not be worth the amount of the check.
However, you should check to see if in making the final distribution from the estate, whether the executor prepared a written assignment having the effect of assigning any after discovered assets of the estate to your wife and her sister. I'll commonly do this as a means of dealing with the situation you're presented with and perhaps the attorney for the estate did the same. Even if this was accomplished, you still have to deal with your wife's sister's estate. |
