can I cash a check made out to my deceased father

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can I cash a check made out to my deceased father

My mother and father are were married. My
father was awarded a settlement. He died
before it was paid out. Payment was received.
He has no will but my mother did have to sign
for him to receive the settlement, but her name
is not on the check. She died before the check
was cashed but she left a will leaving me as
her beneficiary. Am I entitled to the funds or is
it left to all beneficiaries of my father?

Asked on January 21, 2018 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your losses.  You will need some legal help here to figure things out because more specific details are needed.  Why was your mother permitted to sign for the settlement check?  It seems to me too that it should have been made out to his estate, not to him as if he were still alive.  And that you Mother would have had to open an estate to cash the check. If he died without a Will then ALL his beneficiaries would have inherited that money, not just your Mother.  But again, knowing more here is important.  From what I can tell you stand to receive her portion and your portion under intestacy. Not all of it.  Good luck.


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