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

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

Posted

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

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Posted

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 particular circumstances or facts and does not establish an attorney client relationship.

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Posted

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

Hope this helps.

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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 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 is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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Posted

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 information in this response should be used or relied upon as legal advice or legal opinion about specific matters, facts, situations or issues. Viewing it does not establish an attorney-client relationship between you and Sherrille D. Akin, the law firm of Isaac, Brant, Ledman & Teetor LLP, or any of its individual attorneys

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