What do I need to do to get my late daughters paycheck released?

UPDATED: Sep 30, 2022

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What do I need to do to get my late daughters paycheck released?

My daughter passed away on July 30th 2016
while she was waiting on her last paycheck
from Walmart. That Walmart told me that since
she didn’t leave a benificiary I need to get a
court order or something. I don’t know what to

Asked on October 13, 2016 under Estate Planning, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your daughter's check is funds that are payable to your daughter's estate.  The employer just wants some high cover to insure they are paying the correct person. 
For this confirmation, you can do a couple of different things depending on the employer's comfort level.  Option one is to hire an attorney to send a demand letter and represent your daughter's estate.  Some employers are okay with this...but others will want something a little more.  Your second option is to have ever heir sign an affidavit of heirship wherein the heirs agree on where the funds for the last check should go.  Your third option is to probate your daughter's estate and obtain an order during the process which directs the employer where to send the funds.
To do any of these options, you may need to at least visit with a probate attorney.  They can help you with the paperwork and tell you exactly which courthouse you will to submit any documents to.

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.

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