Widow, question about cheque in estate name

[bongda365v1]

Hello

I am a 27 y/o widow (8 months) he did not have a will but I have filled out and in receipt of documentation proving i am executor.

He died on his motor bike, the insurance company was a HUGE pain, dont wish it upon anyone... worst part of this whole thing honestly.

Question: everything else settlement wise was paid out to me, but the bike, the bike for whatever reason they address to "the estate of..." so i cant cash it? How do i go about this?

Please be kind, i have no adult figures in my life, parents were after the few small compensations i was entitled too, they have not been supportive and are not knowledgeable, ive been trying to buy a house. Dont think ill be approved sadly, and doubt ill be able to have this cheque

Thank you in advanced

 

[unseensaviour]

@bongda365v1 You need to open an "estate account". Is his old bank account still open? Did you deal at the same financial institution? If not, call both and decide where to deal. Call and ask what documentation they will need. You'll need a death certificate and the papers proving that you are the administrator, your own id, etc. You still have to file a final tax return for him, and if there is a refund, the cheque will be payable to "the estate of". Your financial institution should be able to help you to a certain extent.
Sorry that this happened to you

 

[joy]

@bongda365v1 What province are you on? Do you have a personal injury lawyer helping you?

 

[andrewchase]

@bongda365v1 How much is the cheque for? You can try to deposit it by mobile deposit (if your bank has this option) or through an ATM. Banks generally don't look at the name on a cheque unless it's being handled by a teller or flagged for some other reason. Leave the funds sitting in the account for 15 business days (3 weeks) in case of reversal.

Banks don't look at names, signatures on cheques

 

[bongda365v1]

@andrewchase Im not being rude just genuinely wondering if this is technically legal?

This js great to know potentially

 

[andrewchase]

@bongda365v1 You are the administrator/executor of the estate, right? You can accept funds on behalf of the estate, and you have the right to endorse instruments on behalf of the estate. (You are also the beneficiary of the estate, but that's beside the point.) I don't see how it's illegal. There's no fraud.

In the past I've endorsed cheques payable to me over to my mother. When she tired to deposit it with a teller at TD they told her they don't accept third-party cheques. The next day she dropped it into an ATM and had no problems.

 

[bongda365v1]

@andrewchase Yes federal government recognizes me as executor, i have been in receipt of the death benefit in my own named paid by the insurance company already

Im trying to buy a house so is why i want to be certain

 

[andrewchase]

@bongda365v1 In your place, I would endorse the back of the cheque with my signature and add the words "executor of the estate". Then I'd deposit it in some way that a human doesn't have to look at it - mobile or ATM. Most likely this will clear.

If it doesn't for some reason, and your bank complains (and it will be your bank, not the insurance company's bank) simply say that you are the authorized executor of the estate and you have the right to deposit the cheque, and you are not aware that you are doing anything wrong. If they tell you that third-party cheques are not allowed, say you want the cheque back (if you deposited in an ATM) so that you can deal with it later.

 

[bongda365v1]

@andrewchase Thank you this all does make sense i really appreciate your time