My son is in receipt of an a check for less than $2,000 made out to his deseased father's esate/my son's name, Executor. This check was issued for the purchase of the trailer by the trailer park where my son and his dad had lived.
There are only 2 heirs... a son and daughter both in their 20's... who agreed very amicably on how to spilt things minor assests up as there was no will.
Neither child is able to deposit the check in its present form.
Both the banker and a lawyer suggested asking the trailer park owner to re-write the check in my son's name or son's name/executor, but that request was denied. The trailer park manager making the check out to the "estate of" is their standard operating procedure in the case of a death.
Where do we go from here?
What is the easiest way to get this check deposited? Is it possible to open an estate account for just this one check by going through the bank?
The agreement made between the trailer park owner and my son (22) was that the owner of the trailer park would pay the back property taxes on the trailer plus an additional $1,000 to my son.
My son's dad had never had the title transferred into his name. We were advised that this title was now as good as cash and that my son should ask for a certified check in exchange.
Through a third party, the property manager of the trailer park, the exchange was made. My 22 year old son, who is not sophisticated with regard to check differences, accepted a check from the management company. The check was made out to estate of_____/my son's name, Executor.
My son cannot deposit the check in its present form. The business manager for the property says that the company will not rewrite the check... that this is their standard procedure in the case of a death.
... yet the trailer park owner has the title for the property. It is our understanding that he can now register the title in his name.
Isn't this stealing if payment cannot be deposited?
Where does probate fit into all of this? Given that the title had never been transferred into the name of the deseased, shouldn't the heirs (only 2 and in complete agreement), be given payment post haste?
Last edited by Fr_Chuck; Dec 8, 2008 at 06:10 PM.