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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption