Deceased spouse's check

[soakland5]

Jurisdiction

Florida

My wife passed away recently. She died intestate and no probate is being done. We had - and I still have - a joint checking account w/ survivorship. I received a check made out in my late wife's name from a medical grant intended for her and family. May I deposit this $1500.00 check into the joint checking account by endorsing it "for deposit only"?

 

[ElleMD]

When you asked your bank this question, what did they tell you?

 

[army judge]

My wife passed away recently. She died intestate and no probate is being done. We had - and I still have - a joint checking account w/ survivorship. I received a check made out in my late wife's name from a medical grant intended for her and family. May I deposit this $1500.00 check into the joint checking account by endorsing it "for deposit only"?

First of all, please accept my condolences upon the loss of your spouse.


The FL Bar has a great pamphlet, as do most state bars, on the probate process.
Here is the link:

Consumer Pamphlet: Probate In Florida – The Florida Bar

You and the decedent (your spouse) held a joint bank account together that carried rights of survivorship, upon her death, the account belongs to you.

You aren't legally able to deposit a check payable to the deceased into the account, because your spouse's name was removed upon the death of your spouse.

If the check is payable to the estate of the deceased, or payable directly to the deceased, you should open an estate account rather than deposit the check into an account you formerly held together.

Normally an executor manages the decedent's assets.

Upon the death a spouse one of the first things the surviving spouse must do is to set up an account for the estate, if he/she is named the executor. The executor uses this account to pay the decedent's bills and to receive any payments to the decedent or her estate. This account is where the executor deposits checks payable to the deceased. The executor or co-executors are the only ones who can access the account.

In your case, it is often simpler to contact the issuer of the check and see if the entity will reissue the check in YOUR name. That is the proper way to handle the instrument to avoid probate.

However, if the check were intended for her use towards her medical needs, that may no longer be an option. The check might need to be returned to the issuer to avoid legal issues. Before doing anything, I suggest you speak with the issue about how you should proceed so as not to step into legal hot water.

I wish you all the best as you mourn the loss of your spouse. God bless.

 

[soakland5]

When you asked your bank this question, what did they tell you?

I didn't ask them anything yet. Should I bring it into the bank and ask?

 

[soakland5]

First of all, please accept my condolences upon the loss of your spouse.


The FL Bar has a great pamphlet, as do most state bars, on the probate process.
Here is the link:

Consumer Pamphlet: Probate In Florida – The Florida Bar

You and the decedent (your spouse) held a joint bank account together that carried rights of survivorship, upon her death, the account belongs to you.

You aren't legally able to deposit a check payable to the deceased into the account, because your spouse's name was removed upon the death of your spouse.

If the check is payable to the estate of the deceased, or payable directly to the deceased, you should open an estate account rather than deposit the check into an account you formerly held together.

Normally an executor manages the decedent's assets.

Upon the death a spouse one of the first things the surviving spouse must do is to set up an account for the estate, if he/she is named the executor. The executor uses this account to pay the decedent's bills and to receive any payments to the decedent or her estate. This account is where the executor deposits checks payable to the deceased. The executor or co-executors are the only ones who can access the account.

In your case, it is often simpler to contact the issuer of the check and see if the entity will reissue the check in YOUR name. That is the proper way to handle the instrument to avoid probate.

However, if the check were intended for her use towards her medical needs, that may no longer be an option. The check might need to be returned to the issuer to avoid legal issues. Before doing anything, I suggest you speak with the issue about how you should proceed so as not to step into legal hot water.

I wish you all the best as you mourn the loss of your spouse. God bless.

Thanks for the info. I did ask the issuer if they could re-issue in my name but they said they couldn't do that due to their audit rules. They did say that some families deposit checks into the joint checking account. I have not removed my wife's name to this account yet.

 

[army judge]

I didn't ask them anything yet. Should I bring it into the bank and ask?

I suggest you contact the issuer of the check, inform them of your spouse's detah, and ask how you should proceed.

Failure to do so, could cause you to run afoul of the law.

 

[soakland5]

I suggest you contact the issuer of the check, inform them of your spouse's detah, and ask how you should proceed.

Failure to do so, could cause you to run afoul of the law.

I did that. They said that some families just deposit the check into the joint checking account, and that it is intended for families and the ALS patient. They also said they can't re-issue the check in my name due to audit rules.

 

[army judge]

I have not removed my wife's name to this account yet.

Upon the death of your spouse, she is no longer a legal account holder.

The item in your possession should be probated, unless the issuer can reissue it in your name.

You will also face IRS issues if you acquire those funds.

If I were facing this decision, I'd simply return the check to the issuer.

It can cause you far more trouble than could bring you enrichment.