Ho can I cash a tax refund check if it is in both mine nd my late husband’s names?

UPDATED: Oct 1, 2022

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Ho can I cash a tax refund check if it is in both mine nd my late husband’s names?

I need advice my husband completed suicide before he could file his taxes so I filed them. The check has both of our names on it so no one will cash it and no bank will deposit it, I don’t know what to do it’s been 2 years.

Asked on June 28, 2018 under Estate Planning, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you have authority as the executor or personal representative of his estate (which you get from the probate court), you will have the right to deposit the check into an "estate" account. From that account, it can be distributed to those who inherit (presumably you, as his wife, though if there is no will and you and he had children, the children get 1/2 of any value, equity, cash, etc. in the estate in excess of $100,000; you inherit the first $100,000 and 1/2 the balance). So your first step is to make sure you have been appointed executor or personal representative ; the second step is to open an estate bank account to receive the check.

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