What to do about a refund check made payable to a decedent’s closed business?

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What to do about a refund check made payable to a decedent’s closed business?

I have a check written for $10,000 made payable to my deceased father’s business, which was dissolved when he retired 10 years prior to his death. It is a partial refund check for his golf membership that was willed to me upon his death.

Asked on December 23, 2010 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So the business was not part of the estate when he passed away?  Did you open an estate for your Father?  Were you the personal representative of the estate?  And was the estate closed?  You may need to re-open the estate for the purposes of depositing the check.  It is part of his estate and the money will probably have to pass through an estate account in order for it to be transferred.  The refund would be covered under the residuary clause of a Will: the "rest, residue and remainder of the estate" is what the clause would say.  It does not go to you specifically even though it is connected to the membership that was willed to you.  You may need to consult with an attorney in the area.  Good luck to you.


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