09-09-2008, 04:45 PM #1
- Join Date
- Sep 2008
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Check to deceased husband - wife can't deposit
My husband passed away almost 6 years ago. Soon after his death a check was issued from the sale of stock from his former employer in a corporate takeover. The check was issued in his name, even though the Company issuing the check knew he was deceased.
Four or five years ago, my bank would not let me deposit the check even though 1) I was his legal wife 2) We resided in California - a community property state 3) I have the original death certificate 4) I have a marriage certificate 5) We had a joint checking account together at that bank. Please note that he did not have will.
I finally gave up and attempted to get the account transfered to me so the check could be reissued. I'm little vauge on the details but I remember I got a noterized letter from my attorney stating that I was entitled to all property but they returned the paperwork saying they also needed a "Medallion Guarantee Stamp". When I called my brokerage firm, no one at Schwab knew what this "stamp" was. So I gave up again.
Now I get a letter from the company saying the check was never cashed and the money will go to the State of California under abandoned property law. When I called the company today was told they can reissue the check or I can go through a transfer process. This requires a bunch of paper work including the ever elusive "Medallion Guarantee Stamp" and getting their paperwork notarized.
Is there a way that I can force my bank to just accept the deposit? This seems all too complicated.
Thank you for your help and advice.
09-09-2008, 05:18 PM #2
- Join Date
- Mar 2008
- Richmond, VA
- Thanked 165 Times in 166 Posts
Follow the link to find out what the Medallion Guarantee Stamp is and find yourself a good attorney to finish the process for you. For your old attorney not to know what that stamp was is quite surprising.
Good luck to you!
Last edited by presutin; 09-09-2008 at 05:30 PM.Do not consider postings legal advice. Always consult with an attorney.