[WSBAPT] Legal effect of words "In care of"

[Randy Petgrave]

I'm having vapor-lock on this, probably because its personal.

 

We just received a workers' comp disability award for a client who is
deceased.  The law is clear, his estate is entitled to the award (and we are
entitled to the fee earned in obtaining the award).  The client died 18
months ago and his estate was never probated. The award is only a few
thousand dollars, so we are not talking about a lot of money.

 

The check is made out to "John Client, in care of Attorneys".  Normally we
would negotiate the check under a special power of attorney signed by the
client authorizing us to do so.  Do the words "care of Attorneys" create a
constructive trust sufficient enough to negotiate the check and distribute
the proceeds to his 2, sole, surviving relatives (sisters)?  If not, what is
the most cost effective way of doing this without getting heavily involved
in costly proceedings (probate or otherwise)?

 

Thanks for your input.

 

Randy

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