Can I just deposit the checks into the joint checking account? 2 Answers as of July 15, 2011I was issued summary administration court orders in Florida in February of this year. I have now sold my mother's house in June. The refund from the property insurance is being issued in Estate of my mother and my name. (haven't got it yet) and the mortgage company issued a escrow refund check in her name only. I still have the joint banking account open in her and my name. Can I just deposit the checks into the joint checking account?
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
As I understand it, you have two checks coming back to you - one from the property insurance (in the name of the estate and you) and one from the mortgage company (in your mom's name only). Are you the only beneficiary? If so, then it shouldn't be a problem to deposit the one that is in your mom's name only into the joint account that you had with her. However, I don't think the bank will allow you to transfer the property insurance check into that account because it is made out to the "estate" of and you. You do not have authority to sign on behalf of the estate since you do not have letters of administration and haven't been appointed personal representative. You may have to re-open the summary and ask that the check be reissued in the names of the beneficiaries in accordance with the Will or intestacy statute. But, you can always try to see if the bank will take it first (sometimes, if you have a good relationship with a person at your bank, they will help you out).
Answer Applies to: Florida