Is it illegal to cash a check that was made out to my dead father?
3 attorney answers
Yes, it is. Ask the attorney for advice on what to do to get a new check issued. You will need a death certificate and may need a copy of Letters Testamentary. You can also call the check issuer for advice.
I have practiced law for over 40 years and currently reside in Colorado. I am licensed to practice in Texas and Colorado. For the most part, I practice in the area of estate planning, which includes drafting wills and powers of attorney, guardianships, probate, real estate, and related issues. My response to your question does not create an attorney-client relationship with me or any attorney. My response is based on the information provided.
I don't have all the information I would need to answer your question, but If your attorney has obtained a Court Order Determining the Heirs of the Estate, and you are the only heir, you could use the Court Order to set up and account with a bank to process the check. If you are not the only heir, you need to talk to your lawyer about the check.
In either event, you should contact your lawyer and verify the correct way to have this check deposited.
Of course, it is illegal unless you have been appointed as administrator of the estate. If someone else has been appointed as administrator, contact the attorney.