Can I cash or deposit a check made out to my deceased mothers estate?

Asked over 2 years ago - Louisville, KY

I have a joint checking account with my mother and was Poa. I am also executor of the estate in her will. Basically there is no estate except for one check written as a refund for assisted living deposit(3000$). How can that be cashed?

Attorney answers (4)

  1. Marva Lynn Wiley

    Contributor Level 10

    4

    Lawyers agree

    Answered . Based on the information you provide, you should deposit it in an estate account to be distributed with other assets of the estate.

  2. Kevin W. Davidson

    Contributor Level 14

    3

    Lawyers agree

    Answered . As you had indicated that there are no other estate assets, you likely have not had a reason to open an account in the name of the estate. You will need to do so - check with your bank on what documentation they will require. The bank account should be owned by "the estate of [mom]." The check can then be deposited into that account. As executor of the estate, you should then be able to access the account to pay estate expenses or make distributions, according to the probate rules and procedures of your jurisdiction.

    Please note that this answer is generic in nature and does not constitute legal advice with regard to any... more
  3. Steven J. Fromm

    Contributor Level 20

    2

    Lawyers agree

    Answered . You will also need an EIN for the estate to open the account.

    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more
  4. Sherrille Diane Akin

    Contributor Level 13

    2

    Lawyers agree

    Answered . Your POA doesn't have any legal effect now that your mother is deceased. If you otherwise are not going to open a formal estate proceeding (because there are no assets other than the subject refund check), check with the local probate court to see if there is a summary administration or a "release from administration" proceeding to "administer" these funds in a quick and easy manner. You will need to present your mother's Will to the probate court for probate in whatever process you use. Thus, the funds would need to be distributed as the Will provides so, if there is more than one beneficiary other than you under the Will, then you will have to share these funds as provided in the Will. Most summary probate procedures are set up to allow the parties to do them without the assistance of counsel. However, if you have questions, you should consult with a probate attorney in your county. Court personnel cannot give you legal advice and can not instruct you how to complete the forms. Please accept my condolences on the loss of your mother, and best wishes to resolve this situation quickly.

    This response contemplates only the laws of Ohio and is not intended to apply to other jurisdictions. None of the... more

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