My father has passed without any property or will and have 2 checks. Can I cash them.

My father has passed without any property or will. I have received a couple of
checks that total about 900.00 all together. One is written out to the estate of
and the other is written out in his name only. May I cash those?

Asked on December 19, 2017 under Estate Planning, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you may not: you are neither your father nor are you his estate. Both checks may be put into an estate bank account which is opened up to handle his final receipts (money coming in), payments and expenses (money going out), and ultimately distribute any left over amount to his heirs or beneficiaries. Only the estate's executor (person named by the will, if there was a will) or adminstrator (if no will) can open up and manage/access such an account, so you will need to be appointed executor or administrator (both or either role may also be called "personal representative") to this. Contact the probate court (with a copy of the will naming you executor, if there is one) and ask about how you apply to be exector or adminstrator, as appropriate.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.