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jaybyrd Asked April 2016

How to get an inheritance check re-issued?

the inheritance check was made out to all 4 siblings, 1 of which has already passed away. The check expired due to disagreement on how the funds should be distributed. The will stated that the stepmom be payed dividends until she passed, then the funds split upon remaining siblings. The company the stocks were in went under, and the check was issued. One sibling thought the money should be reinvested to continue paying dividends, the others feel that the will was fulfilled ( ie.. no more dividends to pay on that stock), and the money should be now split. once the check is reissued, how do you get a check cashed that has 4 sibling names, 1 of which has passed?

pamzimmrrt Apr 2016
Geeze.. how long have you been holding onto this check? Good luck with this!

GardenArtist Apr 2016
If the paying company "went under", either through direct closure, Ch. 11 or other legal dissolution arrangement, I don't think you could successfully get the check re-issued as there would be no company and presumably no funds (unless a Ch. 11 proceedings for "Arrangement" are still pending).

Do you know the method of closure? Is the company completely dissolved? How did you learn and what do you know about the company's having "gone under"?

I think whoever the Personal Representative was should have deposited the check and reissued checks to each of the heirs, leaving it up to them to decide how to address their share. Who was the Personal Representative (formerly known as Executor or Executrix) of the Will?

I don't understand how one of the siblings could think that reinvestment of the proceeds could yield more dividends if the company dissolved, although I assume that this sibling wasn't aware of the pending dissolution.

This is a long shot, but research how the company dissolved. If it was a Ch. 11 instead of direct dissolution, the "proceedings" for "rearrangement" might still be in process.

Contact the Trustee for the Ch. 11 bankruptcy proceedings and raise the issue. To the best of my knowledge Ch. 11 suits are filed in federal district courts, so you'd have to do a bit of digging by calling the court clerk.

If the company just shut down and disposed of all its assets, most likely any creditors had priority liens either through security agreements or UCCs, and they would be priority creditors, leaving little if anything for unsecured creditors like stockholder.

How did you find out about the dissolution of the company?

I'm really sorry to read about this situation; it must be frustrating, and it could have been avoided.

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geewiz Apr 2016
WHO issued the check? No financial institution that I have ever worked with would issue a check payable to 4 people. Was this part of a trust? Whose name was on the stocks? Can you clarify the situation?

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