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

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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
do.

Asked on October 13, 2016 under Estate Planning, Texas

Answers:

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

Answered 5 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.


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