Legal Question in Real Estate Law in New Hampshire

Name on Check for Condo Sale Wrong

Looking for help for a friend of mine. A mother left her condo in her will to her son who is also the executor of the estate. The condo recently sold.

All selling paperwork including HUD statements was made out in the son�s name. However, the check was made out to �The estate of� the mother�s name. The legal firm that made the check out that way refuses to change the name on the check and are claiming it�s correct. They will not say why.

If the son opens up an account for the estate and deposits the check, the will specified that the money should go to the beneficiary of the estate, which is another person.

If the legal firm holds in refusing to change the name on the check, does the son have any alternatives?

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Asked on 10/10/06, 1:15 pm

1 Answer from Attorneys

Roy Weddleton Granite Law

Re: Name on Check for Condo Sale Wrong

An estate checking account should have been set up right away. If he sold the home under his name, the deed may be defective. You should have a lawyer check over what was done in total.

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Answered on 10/10/06, 3:30 pm


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