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

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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 8 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.


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