Picked up ex husband's paychecks and they are in his name.?

I picked up my ex husband (who died suddenly) paychecks today. He still had me as beneficiary on his job. My son's paid for the funeral and I want to cash these checks and give the money to them... I called my bank and they said it will be hard unless we had a joint account or if he had a power of attorney, which does not.  My son wanted to sign his name and deposit them, but I don't want him to get in trouble. My bank did say I can try to go into a branch with our marriage, divorce and death certificates to try to get them cashed or deposited.  Any suggestions? 

6 Answers

  • Foofa
    Lv 7
    1 month ago

    Get your docs together and go into the bank. No your son can't just sign the check because that would be fraud. But as you were divorced you may no longer be the legal next of kin (unless his will names you as such). So it could be that this son is the legal next of kin anyway. Take him to the bank with you and get this all sorted out.

  • 2 months ago

    Do what your Bank suggested if you want to avoid trouble.

  • Anonymous
    2 months ago

    All of your questions about your ex-husband's estate are childish and foolish. Those checks died when he died. They are payable to a dead man!

    If his WILL said everything goes to you, then take the Will (and you may need to file in Probate Court. depending on the size of the estate) to his employer and get the checks reissued in your name.

    If there is no WILL or everything does NOT go to you the Will needs to be probated. In that instance you are NOT entitled to these checks. A Probate Court needs to decide what happens next.

    And, again, I've never seen such a big deal out of what HAS to be a small estate, judging by the questions.

    • I don't want any of the $.. it's for my sons and his 2 younger sons from a previous relationship.

  • Anonymous
    2 months ago

    If you need this money quickly, talk to an attorney. There's no other answer to give you. States have varying probate laws, but in almost all cases (whether there's a will or not), any funds belonging to the deceased need to go through probate. This is mainly to pay any outstanding debts.

    You may have been his beneficiary for his 401k or whatever, but that doesn't mean you can cash checks belonging to him. Also, what the bank said doesn't make any sense. Even if you were still his wife, they can't give you money belonging to him. If probate finds outstanding debts, now the bank is responsible for them. That's why they wouldn't do this.

    Finally, you are 100 percent correct on not letting your son forge his signature. This will be found out (via death certificate) and now your son has committed bank fraud.

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  • David
    Lv 7
    2 months ago

    Do what your branch bank said...

  • Anonymous
    2 months ago

    That money belongs to your husband's estate. I have no clue why the employer gave you the checks.

    If your husband died without a will, the court will appoint an executor and your husband's estate very likely will need to be probated.

    Certain types of retirement accounts can be directly inherited and do not become part of someone's estate, but that is not the case with paychecks.

    Someone is going to need to go to court to get this sorted if your ex died with no will, no POA, etc.

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