What happens to a settlement if father dies before the check is issued?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens to a settlement if father dies before the check is issued?
My stepmother is saying that he signed stating that if he passed the supposed $52,500 check was to be issued to her to split as she choses. I was wondering if this was true or if it would have to follow state intestacy laws for disbursement? At this time I am not sure if that check will even be that much.
Asked on June 29, 2017 under Estate Planning, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It doesn't matter whether he signed the alleged statement or not, unless that "statement" was in fact a valid and properly executed/witnessed will. Only a will controls what happens to a person's assets after death; no other document, statement, etc. has an effect. So if there is a will and it directs what happens to this check, follow the will's instructions; if there is not, then this asset, along with your father's other assets, will be distributed according to the rules for intestate succession (who gets what when there is no will).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.