Can I file a small estate affadavit to cash a check if it is my late mother’s only asset and I am her only surviving heir?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I file a small estate affadavit to cash a check if it is my late mother’s only asset and I am her only surviving heir?

My mother passed away about 6 months ago. The only assest she had was a death benefit of $5000. The beneficiary on it was one of her brother who had already passed away. As requested by the company I sent them her death certificate as well as his. The benefit check is made out to “Estate of (my mother)”.

Asked on January 2, 2013 under Estate Planning, Mississippi

Answers:

Victor Waid / Law Office of Victor Waid

Answered 10 years ago | Contributor

Yes, but seek the assistance of a probate lawyer to help guide you through the process; should not be expensive.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption