How do I cash an Estate check?

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How do I cash an Estate check?

Hello, I am my mother’s Power Of attorney and she received a letter several months ago concerning a life insurance claim of her deceased . The letter had to be notarized and sent back by a specific due date. All of these requests were satisfied and we received a check that says ‘Pay to the order of’ which has ‘The Estate of’ which then lists her deceased husband’s name. We currently both share a checking account, here in Las Vegas,Nevada which has her and my name on the account. My 76 year old mother just recently suffered a heart attack and is recovering at home which makes taking her out somewhat difficult. What would be the best course of action to resolve this issue?

Asked on April 4, 2017 under Estate Planning, Nevada

Answers:

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

Answered 3 years ago | Contributor

I am so sorry for your situation.  I am assuming that the life insurance policy did not name anyone specific on the beneficiary designation so they wrote the check to "the estate of" as is required under the law.  If there was no estate to speak of- in that everything passed to your Mom on her hisband's death - then you may have to look in to a Small Estate Probate in Nevada.  Which type will depend on if he had a Will and how much the proceeds are.  Consider going to see someone on a legal consultation flat fee basis.  Good luck.


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