How do I cash a check made out to the estate of my mother, if she didn’t have an estate?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do I cash a check made out to the estate of my mother, if she didn’t have an estate?

My mother died without and didn’t own any property. She did have a 410k account through her employer in which I’m the beneficiary. She stopped working 6 months prior to her death and did not indicate to her employer how to distribute the funds. Therefore the account was closed and they mailed her a check that was never cashed. When I contacted the company almost 2 years after her death wanting to collect the funds or roll them into my 401k they said that wasn’t an option since the account was closed out before her death. They sent me a check payable to “the estate of” but my mother didn’t have an estate. How do I cash this check for $5,000?

Asked on March 3, 2013 under Estate Planning, Texas

Answers:

Victor Waid / Law Office of Victor Waid

Answered 11 years ago | Contributor

You could deposit it in your account via an ATM and see if it clears the account of the sender account. Otherwise, you will have to send them an certified copy of death certificate and sufficient identification to show the IRA folks you were the beneficiary and they should have sent the check in your name.


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