If after the death of my mother I received a check made out to the estate of and her name, how am I able to cash it?

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If after the death of my mother I received a check made out to the estate of and her name, how am I able to cash it?

Asked on August 27, 2012 under Estate Planning, New York

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

You are not able to cash the check - only the representative of your mother's estate can cash the check.  If your mother had assets in addition to this check, it may be beneficial to open an estate.  If she did not have other assets, or the other assets are minimal and do not require an estate, you might call the person or company that sent you the check and see if they will re-issue the check to your mother's heir or heirs.  If they won't re-issue the check, you will have to open an estate.  Your state, like Florida, may have special procedures for small estates that make it easier and simpler to open and close an estate.  Contact an estate lawyer in your state for advice.


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