Got another NCP estate question.

[whippertizzy]

I recieved a check today made out to "the estate of DH".  DH left no will.
1. Do I need to go through probate to be able to cash this check?
2. According to my lawyer, in Illinois, the first 10,000 of the estate goes to the spouse. DH probably didn't even have anything worth 2000 much less 10,000. Do I need to put this in some separate bank account?

Last thing I want is more calls from his ex wife's lawyer. Looks like I am going to have to make another trip to the lawyers office. I was not expecting any more checks to come in!

[socrateaser]

Who issued the check and can you get them to write one that just says "DH", instead? If so, you can deposit it into an existing accout. If not, you may need to probate it.

[whippertizzy]

It came from the insurance company that was paying his disibility checks. I am not even sure why they sent it.  I doubt they will take it back  but I can ask. Also I will be getting a check from his job for vacation time that will also be made out to "the estate of" DH.

[socrateaser]

Well, in order to get a checking account named in that manner, a bank will probably want to see a petition to probate the estate of DH, so you're probably stuck, battling it out with the ex, if she wants to fight.

[hoosierpapa4]

And the added stress of having to squable with the X over what will undoubtably be less than the attorney fees.  It seems like it's adding insult to injury.  Our prayers are with you.