- December 7, 2023
- Posted by: legaleseblogger
- Category: Related News
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AI Legalese Decoder Can Help With Depositing a Check Made Out to the Estate of a Deceased Roommate
The situation involving the reimbursement for the security deposit following the passing of my roommate has presented a dilemma. Moving out of the house due to financial constraints and the emotional burden of remaining there alone has necessitated a prompt resolution to this matter.
In trying to deposit the recently received reimbursement check, which is made out to both myself and “the estate of my roommate,” I find myself uncertain about the necessary steps. This situation has posed a challenge in understanding the legal requirements for depositing a check made out to an estate, particularly in a circumstance where my roommate had passed away.
AI Legalese Decoder can provide valuable guidance in navigating this complex and unfamiliar territory. It offers a resourceful solution by breaking down the legal jargon and providing clear, easy-to-understand information on the steps required to deposit a check made out to an estate. This tool can assist in interpreting the legal implications of the check being issued to both myself and the estate of my deceased roommate, ensuring a smooth and legally compliant process for depositing the reimbursement.
With the assistance of AI Legalese Decoder, I can gain a better understanding of the necessary procedures and requirements for depositing this check, thus enabling me to handle this sensitive matter with confidence and ease.
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****** just grabbed a
Somehow the estate needs to sign off on it. The landlord wonÔÇÖt be able to issue it only to you because of legalities. Take it in to your bank or call and theyÔÇÖll tell you exactly what steps youÔÇÖll need to take. When youÔÇÖre speaking with whoever is handling the estate take your proof that you paid all of it including his half, and hopefully any documentation of texts or emails between you that confirms his acknowledgement of it.
I’m editing this to include a breakdown I’ve included in another comment much further below. OP I am very sorry for your loss, and I hope this works itself out. There are only two sources that will have good information for you: The bank and the lawyer. And even then, as a 10 year veteran of the industry, I recommend you getting a good family/estate lawyer involved. Also, not their estate lawyer, your own…
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Thank you! It’s been super frustrating to read all the comments saying “Just deposit it” or “Have the landlord reissue the check just to you” etc. There are so many legalities behind all of this, and steps that need to be taken.
* The Landlord has no right or capability to change who is supposed to receive the net money; that is between the tenants. LL’s responsibility is that their tenant(s) receive their money in full (issuance of the check, amount as detailed by the accompanying documents). Legally speaking, since there are two parties here, each party is owed half.
* They decide who deposits the check in an account. It either has to go to an account that lists all the people on the front of the check and they’re happy; or one party signs off on the back as acknowledgement of their money going in to another’s acct, and the other person deposits in their account. Because there is a death in this case, there’s now an estate and the estate needs to acknowledge they’re owed this amount of money and somehow sign off on it (the bank will let OP know how to sign exactly).
* Who receives how much of the net proceeds of the check is determined between the parties. Either through communication, contract, agreement, mediation, or a judge. Whoever deposits the check now owes anywhere between $0-[full amount of check] to the other party/parties. They then write that check(s) accordingly, and once handed over their job is done. The other parties now need to either deposit that check or if there are strings attached to *that* amount, then it needs to go through this process all over again. But OP’s job will be done.
find the executor of the estate for the roommate and have them join you at the bank. This is the part of death where everyone says it leaves ripples in the lives of those around you for some time. sorry for your loss but this should be simple you guys will cash she may need you to sign a document explaining that part of that check was not the estates so was disbursed to you before being added to the balance sheet of the estate.
I got on a lease with my fiance, I paid all of the security deposit. When we moved the security deposit was returned in full to me because I had paid it.
IÔÇÖd just call the management company and see if they will reissue the check just to you since the payment came from you.
Ask the landlord to reissue it, explain the circumstances, and that you paid the deposit
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YouÔÇÖll get more accurate answers in r/legaladvice as this is more of a legal issue, not a personal finance issue. Good luck.
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Landlord needs to issue 2 separate checks.
Does it say AND or does it say OR? Huge difference- with ÔÇ£orÔÇØ you can deposit without issue!
Show the landlord that you paid for the deposit from only your bank account. ThereÔÇÖs no reason to have the roommates estate on there- they need to fix who the check is written out to
Prove to the landlord you paid, option 2 get it split into two cheques.
I’m sorry for your loss.
Did the roommate even leave a will? I haven’t known anyone in a casual roommate situation who had a will, and without a will coming to light and an executor appointed, a court would need to appoint a personal representative to complete the decedent’s business and distribute assets according to law. If someone who has few assets passes, the cost of sorting this out in court can easily exceed any benefit from doing so. Some states also have a limited “mini-estate” concept that allows handling basic stuff without all the court hassles.
Regardless, the onus is on you to track down any estate and make a claim for the portion of roommate’s deposit you paid and weren’t reimbursed. If the roommate had debt, it’s entirely possible a refunded deposit would go to pay for some or all of that.
If there’s no estate and the landlord won’t divide the deposit refund, this may be a sly maneuver by the landlord to keep the money if you’re unable to cash the check. In this case you’d need to take the landlord to small claims court. Ask for the full deposit because you can show you paid that deposit, but settle for half if the court won’t award you the whole thing. Also, if you have any written agreements you made with the roommate that show amounts to be paid and when, and you can show the deposit isn’t included in that, this could help you get it all back.
Good luck!
I’d explain to the landlord whats going on, I’d explain this to the landlord and just ask him to cut you a check worth half that amount (i’m assuming you went 50/50 on this deposit) and ask him to reissue it.
He then issue another check for your room-mates estate.
I split up with an ex. The security deposit check was made to the both of us. I deposited it into my bank electronically and had no problem
Ask the landlord to write 2 checks. 1 to you for your half and the other to the estate
Deposit it into your account at an ATM. Not exactly the most . Moral thing to do- but banks really have no way of verifying anything deposited into an atm. 9/10 theyre even serviced by outside companies. Source- work at a bank Рprobably not yours though
Just put it in the ATM. It will clear. No one checks that stuff….
It isn’t your money, you need to find who is handling your roommate’s estate and find a way to settle the issue. While you may have loaned your roommate their half of the deposit that would just mean the estate owes you something and you would be a creditor. Whether or not it is too late for you to make your claim to the estate is TBD. Whether or not the estate thinks your claim to your roommate’s half of the deposit is TBD.
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In the meantime your landlord may or may not want to reissue the check with half to you and half to the estate. They have likely fulfilled their obligations.
The advice that you ignore that the check needs to be endorsed by the estate and just deposit it into your account is pretty poor advice. Your bank may or may not catch a missing or fraudulent endorsement but it could also result in the landlord rejecting the cleared check as fraudulently endorsed or missing an endorsement if they bother to examine the check image. in any case deliberately attempting to do so is probably fraudulent.
I’d just deposit it. At least my mega-bank could care less who a check is written to. I’ve mistakenly deposited a check into the wrong account and it deposited and cleared normally.
You should be able to deposit with your phone. I received my security deposit with both my name and my roommates were on the check. I use Chase and was able to do it all on my app.
I worked as a bank teller: a specific account would need to be open as the trust account and signed or the check would need to be rewritten
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Did the roommate pay the last month’s rent or did you pay it alone? Some people are saying half is his but if he didn’t pay half the last month’s rent not rally fair either especially since you paid the deposit alone. Is his family even asking about it?
The landlord should reissue two checks half to OP and half to the estate.
The easiest way would probably be for you to sign that check over to his estate and ask them to write you a check in return.
Sounds fishy, in New jersey they must be 8n an inviduals name in an interest bearing account, (1 party submits w9 with security deposit) and its returned to that inviduaval only, and that said persons deposit grows interest over time and you are given back security + interest less any damages or delinquent rent
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Just deposit the check through the ATM, I used to do that all the time when the teller didnt take my check for some stupid reason
My god, I didnÔÇÖt know cheques were still a thing.
Might be best/easiest to ask for a reissued check of 50% to each party. Sure its your money but maybe roommates family could use the extra thousand bucks at a time like this or at least no stress from it.
Get the death certificate from whoever has it.
Do you have proof like a check stub or money order receipt showing you paid the full deposit? Or a bank withdrawal, or landlord copy of deposit? That always helps to have handy
You need to find the executor / administrator of his estate (the legal entity created by a person’s death). If you don’t know who that is, contact the probate court where you live and they should be able to direct you to the correct person. The estate needs to sign off on the check so that it can be deposited.