My husband passed away in 2012. He was a teacher who suddenly died of a heart attack at home. I received his final paycheck. He has no debt. His van was paid for before he passed away. It was changed over into my name four years ago. At the time I went to an attorney that charged more than the value of the check. During handling his business for funeral etc. I lost the check. I found it when I was looking for some documents for social security. I was told by the insurance department at the board that I had to set up an estate account before the check is reissued. The check does not have an expiration date on it, so it is still good according to the person I spoke with. How do I set up an estate account without going to an attorney whose fee is higher than the value of the check?

You simply go to any bank and let them walk you through the paper work. Cost nothing as far as I know and you only need a death certificate and the legal authority to handle his affairs. Some states require you have an attorney if you do not have that authority (only a judge can give that authority generally as an executor for the estate), but call the bank and see what you need to set this up.

What state and county? No will? The rules do vary.

I see no reason why you have to set up an estate account. You had a lawyer do SOMETHING for his money. Call the law office.

I agree, start with talking to the bank.
Most checks void after a number of months, In this case of a very old check, it would have been canceled by them normally.

And they are also wrong, they must issue a check,and can issue it, "to the estate of....his name" you are not required to provide them with where your bank account is.

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Originally Posted by talaniman

You simply go to any bank and let them walk you through the paper work. Cost nothing as far as I know and you only need a death certificate and the legal authority to handle his affairs. Some states require you have an attorney if you do not have that authority (only a judge can give that authority generally as an executor for the estate), but call the bank and see what you need to set this up.

What state and county? No will? The rules do vary.

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Also, depending upon the state, it may be possible to avoid estate administration "by affidavit". There are generally two types of this:
1. You give the creditor an affidavit reciting certain things and that because of those things estate administration is not necessary. They then pay you the check.
2. You file the affidavit with the court and the court issues an order that administration is not required. Again, the issuer of the check pays you directly.

Ask the bank (or the clerk of court in your county) if there are forms for this.

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Originally Posted by joypulv

...You had a lawyer do SOMETHING for his money. Call the law office.

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Also good advice. Most attorneys will give a short consultation for no charge. I don't know the value of the final paycheck, but find it hard to believe that the attorney did nothing but this, and charged the amount of a teacher's paycheck. So I suspect that the attorney did more than a short consultation.

Take the check with you when you talk to your bank, and see whether it can be deposited into your account.

In person, no phone calls!