Legal Question in Business Law in Florida

lawsuit payment

my husband passed away 2 1/2 years ago. There has been an ongoing lawsuit (class action suit) thru the company he worked for. It was settled and we rec'd a check made out to my husband. I have the death certificate, do i just present that to the bank with the check?


Asked on 3/13/07, 11:51 am

3 Answers from Attorneys

Johm Smith tom's

Re: lawsuit payment

Check with your bank if that will be sufficient. If not, then you would certainly have the documents they do require.

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Answered on 3/13/07, 12:02 pm
David Slater David P. Slater, Esq.

Re: lawsuit payment

An estate probate may be required.

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Answered on 3/13/07, 8:39 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: lawsuit payment

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Depending on the size of the check, your bank may allow it although techinically they should not. If you had a joint account and never changed the status of the account, you might be able to deposit the check without the bank being aware of any problem.

The proper way to handle this, however, is for an estate to be filed and probated or if only a small check (and the bank will not cash it), you may be able to have the court process your request without filing an estate.

If you have to file an estate, it will be necessary to engage the services of an attorney.

Scott R. Jay, Esq.

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Answered on 3/14/07, 3:41 am


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