How do you open an estate account for some one who has passed away?

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How do you open an estate account for some one who has passed away?

I am the power of attorney for my mom. Whe passed away. They sent me a check from the nursing home that she was staying in. I just wanted to know if i could cash the check or do I have to get a estate account even though she left no estate?

Asked on August 19, 2012 under Estate Planning, Alabama

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  First you need to understand that the power of attorney is no longer valid.  When your Mom passed away it died with her. If she had very little then you need to inquire from the probate court about a small estate affidavit or proceeding to allow you to cash the check.  You would have to be appointed as the Personal Representative and then open as estate account.  You file in the county in which she resided at the time of her death.  Good luck.


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